Basant Kumar Singh And ORS v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3609 of 2018 Arising Out of PS.Case No. -502 Year- 2015 Thana -EAST CHAMPARAN COMPLAINT DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Basant Kumar Singh sonof Late Ramji Prasad Singh @ Ramaji Singh

2. Banarsi Das son of Late Reeta Das

3. Lagani Devi wife of Banarsi Das All are resident of village Jasaulipatti, P.S. Kotwa, District East Champaran .... .... Petitioner/s

Versus

State of Bihar & Anr .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Shankar Shrivastava For the Opposite Party/s : Mr. Sri Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 01-02-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Complaint Case no.502 of 2015 , registered for offences punishable under Sections 193, 195, 420, 467, 468, 471, 120(B), 323, 341, 379 & 504 of the Indian Penal Code. Allegation against the petitioners as per the complaint petition is that the land was gifted to the mother of the complainant by his grand-mother (Nani) and the same has been sold by the petitioner to some other persons. Submission of the learned counsel for the petitioner is that on the basis of the partition, they claim title over the same, as such they have sold the land.

Patna High Court Cr.Misc. No.3609 of 2018 (2) dt.01-02-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of Oder, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. IV, Motihari, East Champaran in connection with Complaint Case No.502 of 2015, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the police, otherwise, the prosecution is free to move for cancellation of their bail bond. (Vinod Kumar Sinha, J) chn/- U T