Abhay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82708 of 2024 Arising Out of PS. Case No.-219 Year-2023 Thana- MANER District- Patna ====================================================== 1.
Abhay Kumar S/O- Late Ram Krishna Singh Village- Braj Nandan Tola PsManer Dist- Patna 2.
Pappu Kumar S/o- Ram Chandra Singh Village- Prem Tola Ps-Maner DistPatna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Saurav Kumar Suman, Adv.
For the State :
Mr. Pawan Kumar Chaurasia, APP For the Informant :
Ms. Archana Mishra, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 6.
21-04-2025 Heard learned counsel for the petitioners, learned A.P.P. for the State and learned counsel for the informant.
2. The petitioners apprehend their arrest in a case registered for the offence under Sections 447, 341, 323, 354, 504, 506, 379 and 420 read with section 34 of the Indian Penal Code.
3. The informant, namely Phool Kumari Devi, purchased 3 katha of land in Ahiyapur Mauza, Maner from Ashok Kumar Singh. It is further alleged that when informant and her husband went for land measurement, the FIR named accused persons including petitioners abused and assaulted them and also damaged the boundary to forcibly take possession of the land in question.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.82708 of 2024(6) dt.21-04-2025 2/2 from bare perusal of the FIR, it is apparent that the land in question has been purchased by informant from Ashok Kumar Singh, who is brother of one Arun Kumar Singh and he is one of the defendant in the Title Suit No. 26 of 2012 and the purchased property is the suit land of the aforesaid title suit and as such, Ashok Kumar Singh has got no right to execute the sale-deed in favour of informant. Moreover, the dispute is purely of civil nature. There is case and counter case.
5. Learned A.P.P. for the State and learned counsel for the informant opposed the bail petition.
6. Considering the aforesaid facts and circumstances, let the above named petitioners, in the event of their arrest/surrender within a period of eight weeks from today, be enlarged 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 Judicial Magistrate 1st Class, Danapur (Patna) in connection with Maner P.S. Case No. 219 of 2023, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) anay U T