Mohan Chaudhary @ Mohan Ram Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65765 of 2025 Arising Out of PS. Case No.-227 Year-2018 Thana- MADHEPURA COMPALINT CASE District- Madhepura ====================================================== 1.

Mohan Chaudhary @ Mohan Ram Chaudhary Son of Late Deena Chaudhary Resident of Village- Puraini PS- Puraini District -Madhepura 2.

Bajrang Kumar Sultania @ Bajrang Sultania son of Late Hari Ram Resident of Village- Puraini PS- Puraini District -Madhepura 3.

Md. Mokim son of Md. Kuddus Resident of Village- Puraini PS- Puraini District -Madhepura 4.

Md. Kuddus Son of Md. Rabul Resident of Village- Puraini PS- Puraini District -Madhepura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ram Prasad Sultania son of Late Jhabu Ram Sultania Resident of VillagePuraini PS- Puraini District -Madhepura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Surya Narayan Yadav, Adv.

For the Opposite Party/s :

Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Complaint Case No. 227 of 2018 dated 16.07.2018, instituted for the offence punishable under Sections 120(B), 420, 467, 468, 477, 323, 380, 504 and 506 of the Indian Penal Code.

3. The prosecution case, in short, is that the complainant has alleged that petitioner no. 2 in connivance with petitioner nos. 3 and 4 has executed a registered sale deed in

Patna High Court CR. MISC. No.65765 of 2025(2) dt.17-09-2025 2/3 respect of his share in ancestral property to petitioner no. 1, namely, Mohan Chaudhary @ Mohan Ram Chaudhary by hatching a conspiracy and petitioner nos. 3 and 4 are witness on the said sale deed.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is submitted that it is alleged that petitioner no. 2, who is nephew of the complainant, has fraudulently sold the ancestral land of complainant to petitioner no. 1. It is submitted that the sale deed has been executed on 17.05.2018 by petitioner no. 2 in favour of petitioner no. 1 and petitioner nos. 3 and 4 are witness of the said sale deed. It is further submitted that petitioner no. 2 has sold his own share in the joint ancestral property. Further it is submitted that the complainant has also filed Title Suit No. 202 of 2022 against petitioner nos. 1 and 2 before the Court of Sub-Judge-Ist, Udakishunganj, Madhepura, which is pending for adjudication. It is purely a civil dispute between the parties. Lastly, it has been submitted that the petitioners have no criminal antecedents.

5. Learned A.P.P. has opposed the prayer for bail of the petitioners.

6. Having considered the facts and circumstances of

Patna High Court CR. MISC. No.65765 of 2025(2) dt.17-09-2025 3/3 the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Complaint Case No. 227 of 2018, they shall be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Udakishunganj, Madhepura, subject to condition as laid down under Section 438(2) of the Cr.P.C.. (Khatim Reza, J) prabhat/- U T