Shiv Kumar Singh And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.75969 of 2018 Arising Out of PS. Case No.-132 Year-2018 Thana- BUXAR INDUSTRIAL District- Buxar ======================================================

1. Shiv Kumar Singh Son of Ramadhar Singh.

2. Umrawati Devi wife of Mahesh Singh.

3. Mahesh Singh Son of Baijnath Koiri, All Resident of Village- Barki Basauli, P.S. Buxar Industrial, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Kumar Singh For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 21-12-2018 Heard both sides.

The petitioners apprehend their arrest in Buxar Industrial P.S. Case No.132 of 2018 registered under Sections 420, 406, 467, 468, 471 and 34 of the Indian Penal Code. The informant alleged that the petitioners and others fraudulently got the sale deed executed in favour of petitioner No.2 from Swami Nandan Sahay who had no manner of concern with the lands.

The learned counsel for the petitioners submits that Swami Nandan Sahay is the son of Awadh Bihari Lal and Awadh Bihari Lal is son of Gupteshwar lal. One Janki Lal had four sons including Gupteshwar Lal and Banarsi Lal. The informant is grandson of Banarsi Lal. Shyam Nandan Sahay

Patna High Court Cr.Misc. No.75969 of 2018(2) dt.21-12-2018 2/2 also got share in the land and bonafidely executed the sale deed. It appears that the dispute is of civil nature. The vendors belong to the family of the informant. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Buxar in connection with Buxar Industrial P.S. Case No.132 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) Saurabh/- U T