Anshu @ Abhishek Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77492 of 2024 Arising Out of PS. Case No.-37 Year-2024 Thana- BETTIAH CITY District- West Champaran ====================================================== Khalil Mian S/O Late Sukat Mian R/O Village- Hat Saraiya, P.S.- Bairiya, Distt- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 78385 of 2024 Arising Out of PS. Case No.-37 Year-2024 Thana- BETTIAH CITY District- West Champaran ====================================================== Anshu @ Abhishek Kumar, Son of Late Dina Nath Prasad Srivastava @ Late Dinanath, Resident of Village-Chhawani, Ward No.5, Police Station - Kalibag O.P., District - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 77492 of 2024) For the Petitioner/s :
Mr. Aditya Nath Jha, Advocate For the Opposite Party/s :
Mr. Satyendra Prasad, APP (In CRIMINAL MISCELLANEOUS No. 78385 of 2024) For the Petitioner/s :
Mr. Aditya Nath Jha, Advocate For the Opposite Party/s :
Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-01-2025 Heard learned counsel for the petitioners and learned APP's for the State.
2. The petitioners have prayed for bail in a case registered for the offence punishable under Sections 341, 387, 468, 506, 420 and 120(B)/34 of the Indian Penal Code.
Patna High Court CR. MISC. No.77492 of 2024(3) dt.24-01-2025 2/3
3. The case of the prosecution is that on 18.11.2023 at about 02:00 P.M. petitioners along with co-accused person came on a bike and demanded mobile number from the caretaker of the informant which he did not gave. Then they threatened and told that tell your owner to handover the land in Rupees 50 Lakh or more otherwise be ready to face the consequences. When the caretaker informed the informant about it, then the informant enquired about it and he came to know that by committing a conspiracy in Register-2, jamabandi no.122 which belongs to the grandfather of the informant has been entered in the name of Rasool Khan and Waliullah which has been edited by block on 14.10.2023. When the informant enquired from Sub-registrar, he came to know that the document no.10549/1925 is not registered. It has also been alleged that Khalil Mian had admitted to get his name mutated fraudulently.
4. Learned counsel appearing on behalf of the petitioners has submitted that as per the FIR, the date of occurrence is 18.11.2023, whereas, the case has been filed on 22.01.2024. It has also been submitted that one of the co-accused has filed a title suit and that it is out and out civil dispute.
5. Learned counsel for the informant has submitted that they have got information from Sub-registrar which is at page-23 of the counter affidavit which goes to show that the document on
Patna High Court CR. MISC. No.77492 of 2024(3) dt.24-01-2025 3/3 the basis of which the petitioners are claiming the right over the land is not registered.
6. The application for bail is opposed by learned APP for the State.
7. Having heard learned counsel for the parties and considering the fact that whether the document is registered or not, it cannot be decided before this Court at this stage, this Court is inclined to enlarge the petitioners on bail with a condition that the petitioners will not threaten the informant. The above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each of them with two sureties of the like amount each to the satisfaction of the learned court of Chief Judicial Magistrate, Bettiah (West Champaran) in connection with Bettiah Town P.S. Case No. 37 of 2024.
8. Accordingly, the present bail application stands allowed.
(Ashok Kumar Pandey, J) durgesh/- U T