Shashi Bhushan Kumar And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60642 of 2018 Arising Out of PS.Case No. -291 Year- 2016 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ======================================================
1. Shashi Bhushan Kumar, Son of Sri Ramasharay Prasad @ Ramasharay Yadav, Resident of Village- Narayanpur (Lalji Bigha), P.S.- Islampur, District- Nalanda.
2. Rakesh Kumar, Son of Dayanand Prasad.
3. Anil Kumar, Son of Ram Chandra Prasad.
Both are resident of Village- Hasanpur, P.S. Ghoshi, DistrictJehanabad. .... .... Petitioners
Versus
1. The State of Bihar.
2. Santosh Kumar, Son of Ramashary Prasad, Resident of VillageNarayanpur, P.S. Islampur, District- Nalanda. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh For the Opposite Party/s : Mr. Sri Nityanand Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 06-10-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Islampur P. S. Case No. 291 of 2016 registered for the offences punishable under Sections 341, 323, 365, 420, 467, 468/34 of the Indian Penal Code.
Admittedly, petitioner no. 1 is full brother of the informant and it is also an admitted position that partition between petitioner no. 1 and informant had already taken place. However,
Patna High Court Cr.Misc. No.60642 of 2018 (2) dt.06-10-2018 2/2 informant claims that the petitioners and other accused got executed forged deed from the mother of petitioner no. 1 and informant in respect of tractor and other properties but submission on behalf of the petitioners is that the mother of petitioner no. 1 voluntarily transferred the tractor as well as other property in favour of Mintu Devi who happens to be wife of petitioner no. 1. Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, above named, in the event of their arrest/surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Hilsa, Nalanda in Islampur P. S. Case No. 291 of 2016 subject to conditions as laid down under Section 438(2) of the Cr. P. C.
(Hemant Kumar Srivastava, J) SHAHZAD/- Rajeev U T