Brij Kishore Pandey v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.66421 of 2019 Arising Out of PS. Case No.-14 Year-2019 Thana- RAMGARHWA District- East Champaran ====================================================== 1.

Brij Kishore Pandey Son of Late Yogendra Pandey Resident of VillageRamgarhwa, Police Station-Ramgarhwa, District-East Champaran. 2.

Raj Kishore Pandey Son of Late Yogendra Pandey Resident of Village-Ramgarhwa, Police Station-Ramgarhwa, District-East Champaran. 3.

Shyam Kishore Pandey Son of Late Yogendra Pandey Resident of VillageRamgarhwa, Police Station-Ramgarhwa, District-East Champaran. 4.

Nawal Kishore Pandey Son of Late Yogendra Pandey Resident of VillageRamgarhwa, Police Station-Ramgarhwa, District-East Champaran. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Tiwari For the Opposite Party/s :

Mr.Pranav Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 06-03-2020 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 447, 504, 506, 420, 120B, 467, 468 and 471/34 of the IPC.

The prosecution case, as per the written report of Durgawati Devi submitted to the Station House Officer, Ramgarhwa Police Station, is to the effect that the informant had purchased one and half dhurs of land from her husband on 11.07.2007 and one and half dhurs of land from one Nandu Pandey on 19.03.2008, but out of the said land, the petitioners sold one dhoor of land to co-accused Jata Shankar Singh. It is submitted by learned counsel for the petitioners that in

Patna High Court CR. MISC. No.66421 of 2019(3) dt.06-03-2020 2/3 the background of civil nature of dispute, the petitioner has been roped in the present case. The petitioners are the agnate of the informant and the petitioners have sold his own share of land. It is further submitted that co-accused Jata Shankar Singh, Sri Ram Gupta and Subhash Singh have been granted anticipatory bail by a co-ordinate bench of this Court vide order dated 31.07.2019, passed in Cr. Misc. No. 47495 of 2019. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent. Learned APP, after going through the case diary, submits that the petitioners have sold the land of the informant through registered sale deed.

Considering the accusation arising out of civil nature of dispute, co-accused being granted anticipatory bail by a coordinate bench of this Court, coupled with the fact that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to satisfaction of learned SDJM, Raxaul, East Champaran, Motihari in connection with Ramgarhwa P.S. Case No. 14/2019, subject to condition as laid down under Section 438(2)

Patna High Court CR. MISC. No.66421 of 2019(3) dt.06-03-2020 3/3 of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T