Awadhesh Thakur v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71557 of 2023 Arising Out of PS. Case No.-309 Year-2022 Thana- MAJHAULIA District- West Champaran ====================================================== 1.
Awadhesh Thakur Son Of Late Sitaram Thakur R/O Village- Ojha Mathiya Ward No.15, P.S.- Majhauliya, District- West Champaran 2.
Devnandan Thakur @ Deonandan Sharma Son Of Late Jagarnath Thakur R/O Village- Ojha Mathiya Ward No.15, P.S.- Majhauliya, District- West Champaran ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioners :
Mr. Brij Kishor Mishra, Advocate For the Opposite Party :
Mr. Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 27-02-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Majhauliya P.S. Case No. 309 of 2022 dated 02.05.2022, instituted for the offences punishable under Sections 341, 323, 387, 420, 379/34 of the Indian Penal Code.
3. The case of prosecution, in short, is that the named accused, including the petitioners with a conspiracy got registered a land in their favour. When the informant came to know about this, he went to the said land on 26.04.2022, where all the accused persons armed with weapons, came and started abusing the informant. It is further alleged that when the
Patna High Court CR. MISC. No.71557 of 2023(4) dt.27-02-2024 2/3 informant protested them, they threatened and demanded to pay extortion money of Rs. 4,50,000/- (Four Lakh Fifty Thousand), for possession over the land.
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 petitioner no. 1 is one of the vendors of the sale deed dated 11.04.2022 with regard to 1 katha 10 dhur in favour of Devnandan Thakur, who is petitioner no. 2 on consideration money of Rs. 1,85,000/- (One Lakh Eighty Five Thousand). The said sold property is the ancestral property of Mahaveer Lohar, who is the Khatiyani Raiyat of the said land, measuring about 2 Bigha 1 Katha 17 Dhur and after the death of the Mahaveer Lohar, his son, namely, Bujhawan Lohar inherited the same in whose name Jamabandi No. 300/76 was created. It is further submitted that after the death of Bujhawan Lohar, his son, namely, Dahari Thakur, inherited from whome the father of the petitioner no.
1, namely, late Sitaram Thakur inherited. Further, it is submitted that Awadhesh Thakur (petitioner no. 1) and his full brother, namely, Akhilesh Thakur sold the said land on 11.04.2022 to the petitioner no. 2, namely, Devnandan Thakur.
Patna High Court CR. MISC. No.71557 of 2023(4) dt.27-02-2024 3/3 the great grandfather of the petitioner no. 1 and rent receipts were also obtained after the payment of rent. The Jamabandi of petitioner no. 2 has been created bearing Jamabandi No. 211102700062833. Lastly, it has been submitted that the allegations of the said dispute against the petitioners are purely of civil nature and the petitioners have no criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioners.
6. Considering the aforesaid facts and circumstances of the case, I am inclined to grant anticipatory bail to the petitioners in the present case.
7. Accordingly, provisional bail granted to the petitioners vide order dated 07.11.2023, in connection with Majhauliya P.S. Case No. 309 of 2022 pending in the Court of learned Chief Judicial Magistrate, West Champaran, is hereby confirmed, and the bail bond furnished by the petitioners shall be treated to be a bond furnished pursuant to this order, subject to condition as laid down under Section 438(2) of the Cr.P.C. (Khatim Reza, J) Shanu/- U T