Raj Kumar Prasad And ANR. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.53479 of 2015 Arising Out of PS.Case No. -242 Year- 2015 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Raj Kumar Prasad
2. Arun Kumar @ Arun Kumar Prasad, Both sons of Late Bidya Sagar Prasad, resident of village- Kesariya, P.S.- Kesariya, District- East Champaran at Motihari .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ravi Shanker Pankaj, Advocate For the Opposite Party/s : Mr. Nityanand Tiwary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 24-11-2015 Heard learned counsel for the petitioners and the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 419, 420, 467, 468, 471, 120B of the Indian Penal Code. The prosecution case is that one Daya Sagar Prasad executed Special Power of Attorney in favour of the informant, but the petitioners on the basis of a forged partition deed filed Title Suit No. 448 of 2015 making Daya Sagar Prasad and others as defendants in the suit. It is submitted by the learned counsel for the petitioners that the petitioners are the agnates of Daya Sagar Prasad and informant being a outsider is claiming the property
Patna High Court Cr.Misc. No.53479 of 2015 (2) dt.24-11-2015 in question by virtue of forged Power of Attorney. Considering the accusation in the background of civil nature of dispute and Title Suit being pending, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Ist Class, Motihari, East Champaran in connection with Kesariya P.S. Case No. 242 of 2015, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Dinesh Kumar Singh, J) P.K./- U T