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Patna High CourtCR. MISC./6707/2018bail granted

Sudama Ram And ORS v. State Of Bihar And ANR

2018-02-12Mr. Justice Rakesh Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6707 of 2018 Arising Out of PS. Case No.-1276 Year-2016 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran ======================================================

1. Sudama Ram, Son of Late Kolai Ram,

2. Bideo Singh, Son of Braj Kishore Singh,

3. Raj Nandan Singh @ Raj Nandan Kumar Singh, Son of Vyas Singh, All residents of Village- Sobeya, Police Station- Kotwa, District- East Champaran.

... ... Petitioners

Versus

1. The State of Bihar.

2. Bhagirath Ram, Son of Late Kolai Ram, resident of Village- Sobeya, Police Station- Kotwa, District- East Champaran.

... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Dhurendra Kumar, Adv.

For the Opposite Party/s :

Mr. A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 12-02-2018 Heard Sri Dhurendra Kumar, learned counsel for the petitioners and learned Addl. Public Prosecutor. Three petitioners, apprehending their arrest in Tr. No.2513 of 2017 arising out of Complaint Case No.C-1276 of 2016 registered for the offence under Section 420 of the Indian Penal Code, have prayed for grant of bail, in the event of their arrest or surrender.

By way of referring to complaint petition, learned counsel for the petitioners submits that in a case of civil disput, colour of criminal offence has been given. He submits that the complainant is none else, but is own full brother of petitioner

Patna High Court Cr.Misc. No.6707 of 2018(2) dt.12-02-2018 2/2 no.1. It was alleged that the petitioner had transferred the land pertaining to the share of the complainant to petitioner no.2 and petitioner no.3 stood as identifier. He further submits that a Title Suit is already pending.

Besides hearing learned counsel for the parties, I have also perused the material available on record and after going through the same ,the Court is satisfied that it is a fit case for extending the privilege of anticipatory bail Accordingly, in the event of the arrest or surrender within a period of six weeks from today, let the aforesaid three petitioners, namely, (I) Sudama Ram (ii) Bideo Singh and (iii) Raj Nandan Singh @ Raj Nandan Kumar Singh, 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 learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Tr. No.2513 of 2017 arising out of Complaint Case No.C-1276 of 2016, subject to condition as laid down in Section 438(2) of the Code of Criminal Procedure. (Rakesh Kumar, J) nawalkrs/- U T