Mahendra Singh And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51463 of 2018 Arising Out of PS.Case No. -61 Year- 2018 Thana -BUXAR District- BUXAR ======================================================

1. Mahendra Singh, Son of Ambika Singh,

2. Ram Suresh Singh, Son of Radha Singh, Both residents of VillageDhobahi, P.S.- Dhansoin, District- Buxar. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Satyapal Singh, Adv For the Opposite Party/s : Mr. Sri Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-10-2018 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 419,420,467,468,471,120(B) of the Indian Penal Code.

Petitioners are purchasers of the land.

Submission is that prior to purchase, permission of Consolidation Officer was taken in the matter. After purchase, mutation was affected in the name of the petitioners and thereafter informant alleges that some fictitious person impersonated themselves as Shambhu Singh and Jagdish Singh and they executed sale

Patna High Court Cr.Misc. No.51463 of 2018 (2) dt.09-10-2018 2/2 deed in the name of the petitioners though they were not the title holder in respect of the land of the informant. Further submission is that if the allegation is assumed to be correct, in fact, the petitioners, who are purchasers, for consideration have been cheated in the transaction and the matter is of purely civil dispute.

Let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.20,000 (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Buxar (Town) P.S.Case No. 61 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners.

(Birendra Kumar, J) Nitesh/- U T