Vijay Kumar Purvey And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20187 of 2018 Arising Out of PS. Case No.-19 Year-2017 Thana- DUMRA District- Sitamarhi ======================================================

1. Vijay Kumar Purvey, son of Raghunath Purvey.

2. Pawan Kumar @ Pawan Sah, son of Late Bishwanath Sah.

3. Bhagya Narain Mahto, son of Govind Mahto. All are resident of Village- Punaura, P.S. & District- Sitamarhi. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s Appearance :

For the Petitioner/s :

Mr. Hans Lal Kumar, Advocate For the Opposite Party/s :

Smt. Sucheta Yadav, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-04-2018 Heard the parties.

The petitioners seek anticipatory bail in connection with Dumra P.S.Case No. 19 of 2017, registered for offences punishable under Sections 406, 420, 120 (B), 506, 471 and 504 of the Indian Penal Code.

The allegation against the petitioners is that they got executed a sale deed in their favour from the uncle of the informant, Ram Babu Sah without payment of consideration money and upon asking the accused persons, they abused filth language and threatened to kill him.

Submission of the learned counsel for the petitioners is that the petitioners are innocent and they have been falsely implicated in this case due to land dispute between both the parties and the petitioners have no criminal antecedents. Learned A.P.P. opposed the prayer for bail.

Patna High Court Cr.Misc. No.20187 of 2018(2) dt.12-04-2018 2/2 Having heard both sides and in view of the facts and circumstances as discussed above, let the petitioners, in the event of their arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs. 25,000/- ( Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sitamarhi in connection with Dumra P.S.Case No. 19 of 2017, subject to the condition that as laid down under Section 438 (2) of the Code of Criminal procedure.

With following conditions:- i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

ii) The petitioners will not induce any witness or tamper with the evidence.

iii)The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond.

(Vinod Kumar Sinha, J) sudha/- U T