Patna High CourtCR. MISC./57102/2015bail granted

Mishri Mahto And ORS v. The State Of Bihar

2015-12-18Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57102 of 2015 Arising Out of PS.Case No. -85 Year- 2015 Thana -BASANTPUR District- SIWAN ======================================================

1. Mishri Mahto, son of Nathuni Mahto

2. Prabhunath Prasad, son of Baldeo Prasad

3. Manoj Kumar Pandey, son of Rameshwar Pandey

4. Chandeshwar Singh, son of Sheodhari Rai .... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bijay Shankar Choubey, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-12-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 120B/420/423/465/468/471 of the Indian Penal Code. The prosecution case is that petitioner no.1 Mishri Mahto transferred the share of the informant's land in favour of petitioner no.2 Prabhunath Prasad whereas petitioner nos. 3 (Manoj Kumar Pandey) and petitioner no.4 (Chandeshwar Singh) were witness and identifier to the sale deed. It is submitted by learned counsel for the petitioners that the land, in question, was the ancestral land of petitioner no.1, who has transferred his own share of property and petitioner no.1 is uncle of the informant.

Patna High Court Cr.Misc. No.57102 of 2015 (2) dt.18-12-2015 2/2 Considering the accusation levelled in the background of sale deed between the parties coupled with a statement made in paragraph 3 of the petition that the petitioners have no criminal antecedent, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Siwan in connection with Basantpur P.S. Case No.85/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/- U T