← Library
Patna High CourtCR. MISC./121/2022allowed

Chandradev Rai v. The State Of Bihar

2022-09-26Mr. Justice Sunil Kumar Panwar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.121 of 2022 Arising Out of PS. Case No.-329 Year-2019 Thana- CHIRAIYA District- East Champaran ====================================================== CHANDRADEV RAI Son of Late Thakur Rai Resident of Village - Koral, P.s.- Pakaridayal, Distt.- East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 1279 of 2022 Arising Out of PS. Case No.-329 Year-2019 Thana- CHIRAIYA District- East Champaran ====================================================== SURESH SHARMA Son of Yogendra Pandey Resident of Village- Telbara Kala, Hirapur, P.S.- Kundwa Chainpur, District- East Champaran. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 1706 of 2022 Arising Out of PS. Case No.-329 Year-2019 Thana- CHIRAIYA District- East Champaran ====================================================== LAXMAN PRASAD Son of Late Mithu Rai Resident of Village - Patkhaulia, P.S. Chakia, District - East Champaran.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 1790 of 2022 Arising Out of PS. Case No.-329 Year-2019 Thana- CHIRAIYA District- East Champaran ====================================================== MD. ZAINUDDIN ANSARI @ MD. JAINUDDIN ANSARI Son of Hasmullah Ansari Resident of Mohalla- Belbanwa Ward No. 22, P.S.-Town Motihari, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar

Patna High Court CR. MISC. No.121 of 2022(3) dt.26-09-2022 2/3 ... ... Opposite Party/s ====================================================== Appearance :

(In CRIMINAL MISCELLANEOUS No. 121 of 2022) For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Md. Aslam Ansari (In CRIMINAL MISCELLANEOUS No. 1279 of 2022) For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Jai Narain Thakur (In CRIMINAL MISCELLANEOUS No. 1706 of 2022) For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Jai Narain Thakur (In CRIMINAL MISCELLANEOUS No. 1790 of 2022) For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 26-09-2022 Heard learned counsel for the petitioners and learned APP for the State.

The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Chiraiya (Shikarganj) P.S. Case no. 329 of 2019 instituted for the offence punishable under Sections 147, 149, 342, 448, 327, 379, 420, 427, 440, 467, 468 and 470 of the Indian Penal Code.

The petitioners in collusion with the Revenue Clerk were involved in getting the land mutated by virtue of a sale deed although the said land is Gairmazarua Aam and belongs to the State of Bihar.

Learned counsel appearing on behalf of the petitioners has submitted that petitioners are innocent and have committed

Patna High Court CR. MISC. No.121 of 2022(3) dt.26-09-2022 3/3 no offence. There is no direct and specific allegation against the petitioners. . The mutation is being created after proposal of the Revenue Clerk, inquiry by the Circle Inspector and thereafter notice to the parties concern and hearing by the Circle Officer, From the order of the Circle Officer. The present matter relates to civil dispute.

Learned APP appearing for the State has opposed the prayer of Bail.

Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from today and in the event of their arrest or surrender in connection with Chiraiya (Shikarganj) P.S. Case no. 329 of 2019, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-IV, Sikrahana at Dhaka, East Champaran subject to the conditions as laid down under section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) sushma/- U