Ram Swaroop Das & Ors. vs The State Of Bihar on 2 March, 2016

[Cites 7, Cited by 1]

Patna High Court - Orders

Ram Swaroop Das & Ors. vs The State Of Bihar on 2 March, 2016

Bench: Jitendra Mohan Sharma

      Patna High Court Cr.Misc. No.7042 of 2016 (2) dt.02-03-2016




                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                      Criminal Miscellaneous No.7042 of 2016
                       Arising Out of PS.Case No. -45 Year- 2015 Thana -MANSURCHAK District- BEGUSARAI
                   ======================================================
                   1. Ram Swaroop Das, Son of Late Ramsharan Das,
                   2. Ram Bilas Das, Son of Late Ramashray Das,
                   3. Naresh Das, Son of Late Ramsharan Das, All are Resident of Village-
                   Kastoli, Samsa, Police Station- Mansurchak, District- Begusarai.
                                                                           .... .... Petitioners
                                                       Versus
                   1. The State of Bihar .... .... Opposite Party
                   ======================================================
                   Appearance :
                   For the Petitioner/s      :    Mr. Dinesh Maharaj
                   For the Opposite Party/s      : Mr. T.N.Thakur(App)
                   ======================================================
                   CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN
                   SHARMA
                   ORAL ORDER

2   02-03-2016

Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners seek bail in connection with Mansurchak P.S. Case No. 45 of 2015 registered for the offences punishable under Sections 120(B),420, 467, 468, 471, 323, 504 of the Indian Penal Code.

Allegedly, the petitioners got executed registered sale deeds by co-accused Anjani Kumar with respect to the land of the informant which he has purchased on 06.02.1988 from Shri Janki Raman Singh and Krishan Kumar Singh and on that land garden was developed. The petitioners on the strength of bogus sale deed caused threat to kill the informant and fired in the air.

Submission is of false implication and that the dispute appears to be of civil nature, most of the witnesses have denied the Patna High Court Cr.Misc. No.7042 of 2016 (2) dt.02-03-2016 incident of threatening to commit assault on the informant, the petitioners are in custody since 06.01.2016 after their surrender and as such they deserve sympathetic consideration to which learned APP duly assisted by learned counsel for the informant opposes the prayer of bail by submitting that the circle officer has reported that the informant is the owner of the disputed land and Anajnai Kumar executed the sale deed without any right and title.

In the facts and circumstances stated above, considering the nature of dispute and further the period of detention, the petitioners above named are directed to be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate I, Begusarai in connection with Mansurchak P.S. Case No. 45 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioners shall remain present on each and every date during trial and the default on two consecutive dates on their part without any reason shall disentitle the petitioners from privilege of bail.

(Jitendra Mohan Sharma, J) avin/-

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Patna High Court - Orders