Rajeshwar Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69986 of 2024 Arising Out of PS. Case No.-188 Year-2023 Thana- BIKRAMGANJ District- Rohtas ====================================================== 1.
Rajeshwar Chaudhary Son of Late Pachratan Chaudhary Resident of Village- Tenuaj Tola, Police Station -Natwar, District -Rohtas at Sasaram 2.
Pappu Chaudhary @ Pappu Kumar Chaudhary @ Pappu Kumar Son of Devmuni Chaudhary Resident of Village- Tenuaj Tola, Police Station -Natwar, District -Rohtas at Sasaram 3.
Sanjay Chaudhary son of Late Ramvilas Chaudhari Resident of VillageTenuaj Tola, Police Station -Natwar, District -Rohtas at Sasaram 4.
Dhanmuna Devi @ Dhanmala Devi Wife of Ajay Chaudhary Resident of Village- Tenuaj Tola, Police Station -Natwar, District -Rohtas at Sasaram 5.
Govind Chaudhary @ Govind Kumar Chaudhary Son of Late Ramvilas Chaudhari Resident of Village- Tenuaj Tola, Police Station -Natwar, District -Rohtas at Sasaram 6.
Nagendra Chaudhary Son of Late Ramvilas Chaudhari Resident of VillageTenuaj Tola, Police Station -Natwar, District -Rohtas at Sasaram 7.
Chanchal Chaudhary @ Chanchal Kumar Son of Late Ramvilas Chaudhari Resident of Village- Tenuaj Tola, Police Station -Natwar, District -Rohtas at Sasaram 8.
Amit Chaudhary Son of Late Ramvilas Chaudhari Resident of VillageTenuaj Tola, Police Station -Natwar, District -Rohtas at Sasaram ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Raghunandan Kumar Singh, Adv.
For the Opposite Party/s :
Mr. Uday Pratap Singh, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 21-10-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Bikramganj P.S. Case No. 188 of 2023 registered for the offences punishable under Sections 467, 468, 471, 420, 120(B),
Patna High Court CR. MISC. No.69986 of 2024(2) dt.21-10-2024 2/3 147 of the Indian Penal Code.
3. As per FIR, co-accused Harendra Pathak sold the lands in question, belongs to the informant, to the petitioners by way of three separate sale deeds. It is further alleged that when the informant came to know and went to ask about the same, all the accused persons abused and assaulted him brutally.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged has ever taken place. They have falsely been implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. Nothing specific has been attributed against the petitioners. Petitioner no.1 is a sale deed witness and petitioner nos. 2 to 8 are purchasers of the said lands in question. It is further submitted that there is civil dispute between the parties. Both the informant and co-accused Harendra Kumar are co-sharers and a title suit bearing Title Suit No. 52 of 2016 is pending between them. Learned counsel further submits that petitioners have no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the
Patna High Court CR. MISC. No.69986 of 2024(2) dt.21-10-2024 3/3 case, since there is civil dispute between the parties, 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 six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Bikramganj P.S. Case No. 188 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T