Deenath Bhagat @ Dinanath Bhagat, v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67957 of 2023 Arising Out of PS. Case No.-95 Year-2023 Thana- NAYAGAON District- Saran ====================================================== 1.
Deenath Bhagat @ Dinanath Bhagat, Son of Late Ram Prasad Bhagat, Resident of Village - Mahmud Chak, P.S. - Nayagaon, District- Saran at Chapra.
2.
Manjeet Kumar Chaurasiya @ Manjeet Chaurasiya @ Nanjeet Chaurasiya, Son of Deenanath Bhagat @ Dinanath Bhagat, Resident of Village - Mahmud Chak, P.S. - Nayagaon, District- Saran at Chapra. 3.
Sanjeev Kumar Chaurasiya @ Sanjeet @ Sanjeet Chaurasiya @ Sanjeet Kumar Chaurasiya, Son of Deenanath Bhagat @ Dinanath Bhagat, Resident of Village - Mahmud Chak, P.S. - Nayagaon, District- Saran at Chapra. 4.
Ranjeet Kumar Chaurasiya @ Ranjeet Chaurasiya, Son of Deenanath Bhagat @ Dinanath Bhagat, Resident of Village - Mahmud Chak, P.S. - Nayagaon, District- Saran at Chapra.
... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Vijay Kumar Son of - Rameshwar Bhagat, Resident of Village - Rasulpur, P.S. - Nayagaon, District- Saran at Chapra.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Sanjay Kumar Pandey No.5, Advocate For the State :
Mr. Binod Kumar, APP For the Informant :
Mr. Gajendra Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 27-02-2024 Heard learned counsels for the parties.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 420, 467, 471, 323, 193, 154, 211, 504 and 34 of the Indian Penal Code.
3. The prosecution case in brief is that the informant purchased a piece of land measuring 12 Katha and 13 Dhurs. It is alleged that these petitioners prepared forged sale deed of the said land and on the basis of the same, filed Complaint Case No. 687 of 2022 against the informant and others. It is further
Patna High Court CR. MISC. No.67957 of 2023(3) dt.27-02-2024 2/3 alleged that when the informant went to the petitioners to ask about the same, they abused him and assaulted him with fists and slaps.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners have falsely been implicated in this case. As a matter of fact, Ram Prasad Bhagat, father of Petitioner No. 1, had purchased the said land from the real owner in 1958 through registered sale deed. Name of Ram Prasad Bhagat has also been mutated in Government Sharista dn the petitioners are paying rent to the Government of Bihar up till now and they are in possession of the said land. It is next submitted that the informant prepared forged sale deed that on basis of the same, this false and concocted case has been lodged against the petitioners. Moreover, the dispute is of civil nature, for which the informant has alternative remedy before the Civil Court of competent jurisdiction. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of anticipatory bail.
6. Considering the aforesaid facts and circumstances, nature of dispute involved and clean antecedents of the
Patna High Court CR. MISC. No.67957 of 2023(3) dt.27-02-2024 3/3 petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of six weeks from today, let the above named petitioners be enlarged 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 learned Judicial Magistrate 1st Class, Saran at Chapra, in connection with Nayagaon P.S. Case No.95 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) shashank/- U T