Radhe Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69041 of 2019 Arising Out of PS. Case No.-3 Year-2019 Thana- KUMAR KHAND District- Madhepura ====================================================== 1.

Radhe Ram, Aged about 44 years, Male, Son of Late Ram Kishun Ram, Resident of Village Israin Tola, Andipatti, P.S. Srinagar, District Madhepura. 2.

Madho Ram, Aged about 38 years, Male, Son of Late Ram Kishun Ram, Resident of Village Israin Tola, Andipatti, P.S. Srinagar, District Madhepura. 3.

Prabhu Ram, Ageda bout 53 years, Male, Son of Late Ram Kishun Ram, Resident of Village Israin Tola, Andipatti, P.S. Srinagar, District Madhepura. 4.

Pankaj Ram, Aged about 36 years, Male, Son of Shambhu Ram, Resident of Village Israin Tola, Andipatti, P.S. Srinagar, District Madhepura. ... ... Petitioner/s

Versus

1.

The State of Bihar.

2.

Nunulal Ram, Aged about 27 years, Male, Son of Late Lakhi Chand Ram, Resident of Village Israin Tola, Andipatti, P.S. Sri Nagar, District Madhepura.

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

For the Petitioner/s :

Mr.Uday Chand Prasad For the Opposite Party/s :

Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-11-2019 Heard both sides.

The petitioners apprehend their arrest in Kumarkhand P.S. Case No.03 of 2019, registered under Sections 420, 467, 468 and 471 of the Indian Penal Code.

The informant alleged that the lands of Khata No.1332 stands in the name of Ramkishun Rai and others including the father of the informant. Plot No.3457, Area 16 decimals was recorded in the name of Lakhchand Ram but Basgit Purcha was issued in favour of the petitioners.

Patna High Court CR. MISC. No.69041 of 2019(2) dt.15-11-2019 2/3 Learned counsel for the petitioners submits that Basgit Purcha was issued in favour of the petitioners. The informant filed revision being Basgit Purcha Revision Case No.08/2017 before the Collector and the Collector by order dated 24.01.2018 rejected the Basgit Purcha Revision Case No.08/2017 and confirmed the order passed in Basgit Purcha Case No.14 of 2010-2011, 15/2010-2011, 16/2010-2011 and 17/2010-2011. The informant also filed Title Suit No.01 of 2016 for setting aside and declaring the Basgit Purcha issued in favour of the petitioners as illegal and void but the title suit was also rejected on 13.12.2018.

Taking into consideration the facts that Basgit Purcha of the lands of the informant was duly issued in favour of the petitioners and there is nothing on record to show that the petitioners committed any fraud and forged any document in order to get Basgit Purcha in their favour, let petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, 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 the learned S.D.J.M., Madhepura in connection with Kumarkhand P.S. Case No.03 of

Patna High Court CR. MISC. No.69041 of 2019(2) dt.15-11-2019 3/3 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) S.KUMAR/- U T