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Patna High Court - Orders

Gopal Jee Upadhyay & Anr vs The State Of Bihar on 11 September, 2009

             IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Cr.Misc. No.31214 of 2009
             1. Gopal Jee Upadhyay, Son of Ram Nagina Upadhyay.
             2. Phul Kumari Devi, W/o Gopal Jee Upadhayay.
                      Both resident of village-Gosainpur, P.S.-Buxar (M) District-Buxar.
                      At present R/o Mohalla-Chini Mill, P.S.-Buxar (T), District-Buxar.
                                                                    ..............Petitioners.

                                   Versus
                             THE STATE OF BIHAR
                                                                       ..............Opp. Party.
                                    -----------

2/   11.09.2009

Heard learned counsel for the petitioners and the State.

Petitioners as well as informant both claim to be purchasers of the land pertaining to Khata No. 19 plot no. 55 measuring 2244 sq. ft., from Co-operative Society and its office bearers. There is no specific allegation that petitioners purchased same land, subsequent to the informant, having knowledge of earlier transfer and petitioners' intention was to cheat the informant.

Considering these facts, prayer for anticipatory bail on behalf of petitioner namely, Gopal Jee Upadhyay and Phul Kumari Devi is allowed, in the event of their arrest or surrender before the court below within a period of four weeks from today and on furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of C.J.M., Buxar in connection with Buxar 2 (Town) P.S. Case No. 73/05 subject to the conditions laid down under Section 438(2) Cr.P.C.

Sanjeet/                                 (Mridula Mishra, J.)