Amit Kumar @ Pintu Prasad @ Pintu And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40483 of 2017 Arising Out of PS.Case No. -1890 Year- 2015 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ======================================================

1. Amit Kumar @ Pintu Prasad @ Pintu, Son of Kapildeo Prasad, Resident of Ujjain Tola, Padma Nagar, Police Station- Bettiah Town, DistrictWest Champaran. at present Hotel, Opposite Registry Office, Ujjain Tola, Police Station- Bettiah Town, District- West Champaran.

2. Kapildeo Prasad, Son of Late Satyanarayan Prasad, Resident of VillageMathia (Lauria), Police Station- Lauria, District- West Champaran, at present Padma Nagar, Ujjain Tola, Police Station- Bettiah Town, District- West Champaran.

3. Lalit Prasad @ Laliteshwar Prasad, Son of Late Jagarnath Sah, Resident of Village- Hat Saraiya, Police Station- Bairia, District- West Champaran.

4. Hari Nath Sah @ Hari Nath Prasad, Son of Late Jagarnath Sah, Resident of Village- Hat Saraiya, Police Station- Bairia, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Nagendra Sah, Son of Late Jagarnath Sah, Resident of Village- Hat Saraiya, Police Station- Bairia, District- West Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shiv Kumar Dwivedy For the Opposite Party/s : Mr. Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-09-2017 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Complaint Case No. 1890(C) of 2015, Trial No. 3455 of 2017 registered for offences under sections 406, 420, 467, 468, 120 of the Indian Penal Code.

An allegation has been made of creation of fraudulent document

Patna High Court Cr.Misc. No.40483 of 2017 (2) dt.19-09-2017 made under the conspiracy but, learned counsel for the petitioners submits that Partition Suit No. 219 of 2006 has already been filed before the Court of Sub-Judge, Bettiah, West Champaran and the land, in question, is also involved in the said partition suit. He further submits that a civil proceeding is also going on in respect of the same matter.

Looking to the entire facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, VI, Bettiah, West Champaran in connection with Complaint Case No. 1890(C) of 2015 (Trial No. 3455 of 2017), subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Shivaji Pandey, J) Rishi/- U T