Patna High CourtCR. MISC./15369/2018bail granted

Bhubneshwar Mandal And ORS v. State Of Bihar And ANR

2018-04-11Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15369 of 2018 Arising Out of PS.Case No. -1050 Year- 2013 Thana -KHAGARIA COMPALINT CASE DistrictKHAGARIA ======================================================

1. Bhubneshwar Mandal, son of Late Muni Lal Mandal

2. Ghanshyam Mandal, son of Bhubneshwar Mandal

3. Nand Kishore Yadav, son of Bhubneshwar Mandal, All Resident of Village+ P.S.- Alauli, District- Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Chandan Kumar Kashyap For the Opposite Party/s : Mr. Yogendra Kr. Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 11-04-2018 Heard learned counsel for the petitioners. Nobody appeared on behalf of the State.

Petitioners apprehend arrest in connection with Complaint Case No.1050C of 2013 registered for the offences under Sections 467 and 468 of the Indian Penal Code. The petitioners are uncle and cousin of complainant and as per complaint petition, these petitioners sold the land of the share of complainant to Punam Kumari by virtue of registered sale deed dated 01.02.2011. Subsequently these petitioners got the said land returned from Punam Kumari. The complainant alleged that these petitioners with intention to grab the land of the complainant had executed the sale deed in favour of Punam

Patna High Court Cr.Misc. No.15369 of 2018 (2) dt.11-04-2018 Kumari. The learned counsel submitted that there is bonafide land dispute between the parties and from the allegation, no offence under sections 419, 420, 467 and 468 is made out. Considering the facts and circumstances of the case, the prayer for anticipatory bail is anticipatory allowed and the above named petitioners, in the event of arrest or surrender before the learned court below within six weeks from today, are directed to be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the likewise amount each to the satisfaction of learned S.D.J.M., Khagaria in connection with Complaint Case No.1050C of 2013 subject to the conditions as laid down under Section 438 (2) of Cr.P.C.

(Sanjay Kumar, J) Harish/- U