Jitendra Kumar Singh @ Putan Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1762 of 2024 Arising Out of PS. Case No.-878 Year-2021 Thana- SAHARSA COMPLAINT CASE District- Saharsa ====================================================== 1.

Jitendra Kumar Singh @ Putan Singh Son Of Late Madhusudan Singh Resident Of Village And Ps- Sonebarsa Raj, Dist- Saharsa 2.

Dharvendra Kumar Singh Son Of Late Madhusudan Singh Resident Of Village And Ps- Sonebarsa Raj, Dist- Saharsa 3.

Santosh Sah Son Of Late Om Prakash Sah Resident Of Village And PsSonebarsa Raj, Dist- Saharsa ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Kumari Rashmi, Advocate For the State :

Mr. Rajendra Nath Jha, A.P.P.

For the Complainant :

Mr. Praveen Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 30-04-2024 Heard learned counsel for the petitioners, complainant and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 323, 420/34 of the Indian Penal Code.

3. The prosecution case, in brief, is that the these petitioners, in conspiracy, on the basis of forged sale deed got the land mutated in the favour of the complainant which had already been sold to someone else.

4. It is submitted on behalf of the petitioners that petitioners are innocent and have falsely been implicated in this case. Petitioner Nos. 1 and 2 are own brothers and petitioner No.

Patna High Court CR. MISC. No.1762 of 2024(5) dt.30-04-2024 2/2 3 is cousin brother of the complainant and the present case has been lodged only with a view to grab the land in question. It is further submitted that, at best, it is a case of civil dispute for which petitioners have got other remedy before the civil court. Petitioners have got clean antecedent.

5. Learned counsel for the complainant opposed the bail application and submitted that these petitioners have cheated the complainant by fraudulently selling him the disputed land.

6. Considering the relation between the parties and civil nature of dispute, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IV, Saharsa in connection with Complaint Case No. 878 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) Navya/- U T