Manoj Kumar Mishra v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77464 of 2019 Arising Out of PS. Case No.-287 Year-2019 Thana- PUPRI District- Sitamarhi ====================================================== 1.
MANOJ KUMAR MISHRA Son of Late Vishundeo Mishra Resident of Village- Pupri, P.S.- Pupri, District- Sitamarhi. 2.
Murari Mishra Son of Late Basudeo Mishra Resident of Village- Pupri, P.S.- Pupri, District- Sitamarhi.
3.
Virendra Mishra Son of Late Jagdeo Mishra Resident of Village- Pupri, P.S.- Pupri, District- Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjay Kumar For the Opposite Party/s :
Mr.Shyameshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 08-01-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Pupri P.S. Case no. 287 of 2019, registered under Sections 420, 467, 468 and 471/34 of the Indian Penal Code.
The accusation is that 54 decimals of land of Plot No. 4601 of Khata No. 1242, area 108 decimals the name of Late Gulab Jha, father of the informant Lal Jha and in the remaining 54 decimals of land recorded in the name of Late Jogi Mishra, Late Basudeo Mishra, Late Vishnudeo Mishra and
Patna High Court CR. MISC. No.77464 of 2019(2) dt.08-01-2020 2/3 Late Jagdeo Mishra in equal share i.e. 13 1⁄2 decimals in Jamabandi. The aforesaid persons already sold their share and 54 decimals of land of the share of father of informant in the said plot is in the name of his father, but the petitioner No.1 in collusion showing the land of share of father of the informant executed sale deeds to Shankar Paswan, Lalan Prasad Shah and Rijwana Begum in connivance with petitioner No.2 and 3, who are identifier.
Learned counsel for the petitioners submits that, in fact, Manoj Kumar Mishra (petitioner No.1) has got 27 decimals land in his share in plot in question, but with ulterior motive, the informant has detailed the share of petitioner 13.5 decimals only in the plot. The petitioner has not sold excess land to the share of his father.
Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the S.D.J.M. Pupri at Sitamarhi in connection with Pupri P.S. Case No. 287 of 2019, subject to the condition as laid down under Section 438 (2) of
Patna High Court CR. MISC. No.77464 of 2019(2) dt.08-01-2020 3/3 the Cr.P.C.
(Rajendra Kumar Mishra, J) manish/- U T