Ashok Kumar Biswas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83141 of 2023 Arising Out of PS. Case No.-1635 Year-2022 Thana- KATIHAR COMPLAINT CASE District- Katihar ====================================================== 1.

Ashok Kumar Biswas S/O Late Sukhdeo Biswas @ Late Sukdeb Bishwas Village- Purana Samaili, Ps. Kadwa, Dist. Katihar 2.

Bibhuti Kumar Biswas S/O Late Sukhdeb Biswas @ Late Sukdeb Bishwas Village- Purana Samaili, Ps. Kadwa, Dist. Katihar 3.

Aabha Devi W/O Late Sukhdeb Bishwas @ Late Sukdeb Bishwas VillagePurana Samaili, Ps. Kadwa, Dist. Katihar 4.

Saroj Kumar Biswas @ Saroj Kumar Mandal S/O Mulahi Mandal VillagePurana Samaili, Ps. Kadwa, Dist. Katihar ... ... Petitioners

Versus

1.

The State of Bihar 2.

Chedi Mandal S/O Late Vishwanath @ Bishu Mandal @ Bishwanath Mandal Resident Of Old Sonaili,Ps. Kadwa, Dist. Katihar. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajit Kumar Singh, Advocate For the Opposite Party/s :

Mr.Anil Prasad Singh, Addl Public Prosecutor Mr. S.K.Singh, Neha Rani, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-05-2024 Heard learned counsel for the parties.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 420, 406, 467, 468, 120B/34 of the Indian Penal Code.

3. As per the prosecution case, during pendency of title suit, petitioner no.1 fraudulently sold the suit land to her sons.

4. It is submitted on behalf of the petitioners that petitioner no.1 has sold his own share. However, the dispute is purely of civil nature for which title suit is already pending between the parties. Complainant and his brothers have also sold the land of the petitioners. Petitioners claim clean

Patna High Court CR. MISC. No.83141 of 2023(4) dt.08-05-2024 2/2 antecedent.

5. Learned counsel for the State as well as the opposite party no.2 oppose the prayer for bail.

6. 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, Katihar in Complaint Case No. 1635 of 2022, subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Shashi U T