Bheem Prasad And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.2165 of 2017 Arising out of PS.Case No.-405 Year- 2016 Thana -Sikarpur District- West Champaran (Bettiah) ======================================================
1. Bheem Prasad
2. Haridwar Prasad @ Haridwar Sah Both Sons of Late Gudari Sah, Resident of Shivganj, Narkatiyaganj, P.S. - Shikarpur, District - West Champaran.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate. For the Opposite Party/s : Md. Mushtaque Alam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR ORAL ORDER 06-02-2017 Heard learned counsels for the petitioners and the State as well as learned counsel for the informant. The petitioners apprehend their arrest in connection with Shikarpur P. S. Case No. 405 of 2016 instituted under Sections 406, 420, 467, 468, 471 and 120B/34 of the Indian Penal Code.
The allegation, in brief, is that one co-accused Pannalal Sah was the tenant of the informant and was running a hotel in the said premises. It is alleged that Pannalal Sah and his brothers, who are the petitioners in this case, committing conspiracy created forged documents relating to title of the said land/building of the informant.
Learned counsel for the petitioners submits that the
Patna High Court Cr.Misc. No.2165 of 2017 (3) dt.06-02-2017 2/2 petitioners are the brothers of Pannalal Sah and there is no any specific allegation against them that what role was played by them in creating forged document and several execution case and miscellaneous case are pending between the parties and prior to lodging of this F.I.R., a complaint case, more or less of similar nature, was filed against the petitioners, in which they are on bail. Learned counsel appearing on behalf of the informant opposes the prayer for bail and submits that forged documents relating to mutation and other rent receipts were created.
Considering the aforesaid facts and circumstances of the case and the dispute primarily appears of civil nature, so let the petitioners, namely, Bheem Prasad and Haridwar Prasad @ Haridwar Sah, in the event of arrest or surrender before the court below within four weeks from today, be released on bail upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran in connection with Shikarpur P.S.Case No. 405 of 2016; subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973.
(Arun Kumar, J) Sujit/- U