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Patna High Court - Orders

Ganesh Prasad Bhagat @ Ganesh Bhagat & ... vs The State Of Bihar on 4 May, 2018

Author: Vinod Kumar Sinha

Bench: Vinod Kumar Sinha

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  Criminal Miscellaneous No.21864 of 2018
                        Arising Out of PS.Case No. -58 Year- 2018 Thana -ARARIA District- ARRARIA
                 ======================================================
                 1. Ganesh Prasad Bhagat @ Ganesh Bhagat ,
                 2. Sudarshan Prasad Bhagat,
                 3. Sikandar Prasad Bhagat @ Sikandar Bhagat,
                 4. Rajendra Prasad Bhagat, All above S/o Late Ram Narain Bhagat,
                 5. Gopal Prasad Bhagat S/o Ganesh Prasad Bhagat,
                 6. Kiran Devi W/o Rajendra Prasad Bhagat, All R/o Vill.- Madanpur, At
                 present A.D.B. Chowk, Ward No. 15, P.S. & District- Araria.

                                                                                 .... ....   Petitioners
                                                        Versus
                 The State of Bihar

                                                                .... .... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Anil Prasad Singh
                 For the Opposite Party/s  : Mr. Nawal Kishore Prasad
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA
                 ORAL ORDER

3   04-05-2018

Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Araria (Madanpur) P.S. Case No. 58 of 2018 registered for the offences punishable under Sections 147, 148, 149, 323, 420, 467, 468, 471, 120B and 34 of the Indian Penal Code.

Allegation against the petitioners is that with respect to land of maternal grandfather of informant they got issued Basgit Parcha in their favour.

Submission of learned counsel for the petitioners is that Sikmi Khatiyan is in the name of father of accused persons and, as such, Basgit Parcha has been issued against them and moreover Patna High Court Cr.M isc. No.21864 of 2018 (3) dt.04-05-2018 2/2 this case relates to civil dispute and not in criminal nature.

Heard learned APP and learned counsel for the informant.

Having heard both sides and in the facts and circumstances, let the petitioners, above named, in the event of their arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Araria (Madanpur) P.S. Case No. 58 of 2018, subject to the conditions under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned and petitioners have to co-operate in investigation and appear before the Investigating Officer as and when required, otherwise their bail bonds shall be cancelled.

(Vinod Kumar Sinha, J) spal/-

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