Bhagya Narayan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78856 of 2023 Arising Out of PS. Case No.-380 Year-2023 Thana- KESARIA District- East Champaran ====================================================== 1.

BHAGYA NARAYAN SINGH Son of Ramagya Singh R/o vill - Sagar Churaman, P.S. - Kesariya, Distt. - East Champaran 2.

Most. Mithlesh Kunwar W/o Late Nand Kishor Singh R/o vill - Sagar Churaman, P.S. - Kesariya, Distt. - East Champaran 3.

Rajiv Ranjan @ Rajiv Ranjan Tiwari Son of Dhruv Tiwari @ Dhruv Narayan Tiwari R/o vill - Belhan, P.S. - Gobindganj, Distt. - East Champaran 4.

Sudha Devi W/o Rajiv Ranjan @ Rajiv Ranjan Tiwari R/o vill - Belhan, P.S. - Gobindganj, Distt. - East Champaran ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anang Mohan Sinha, Advocate For the Opposite Party/s :

Mr.Prem Kumar Jha, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 02-05-2024 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 420, 467, 468 of the Indian Penal Code.

3. As per the prosecution case, petitioners got the land of the informant registered in their name through sale deed without any right and title after committing cheating and preparing forged and fraudulent sale deed.

4. It is submitted on behalf of the petitioners that petitioner No. 1 purchased the land in question on 16.01.2023

Patna High Court CR. MISC. No.78856 of 2023(6) dt.02-05-2024 2/2 through sale deed from Petitioner No. 2 Most. Mithilesh Kunwar on payment of consideration money. Petitioner no. 3 and 4 are identifier of the sale deed. He submits that the dispute is purely of civil nature for which civil remedy is available.

5. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within six weeks from today, let these petitioners, mentioned above, 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 Judicial Magistrate 1st class, Motihari, East Champaran in Kesariya Police Station Case No. 380 of 2023, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Singh, J) Shashi U T