Patna High Court - Orders
Nandlal Singh & Ors. vs The State Of Bihar on 15 December, 2014
Author: Hemant Kumar Srivastava
Bench: Hemant Kumar Srivastava
Patna High Court Cr.Misc. No.29278 of 2014 (2) dt.15-12-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29278 of 2014
Arising Out of PS.Case No. -60 Year- 2014 Thana -VAISALI COMPLAINT CASE District-
VAISHALI(HAJIPUR)
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1. Nandlal Singh Son of Late Ram Nihora Singh
2. Ashok Singh Son of Nandlal Singh
Both1-2 R/o village- Lal Basant, P/S- Lalganj, District- Vaishali.
3. Surendra Singh @ Surendra Kr. Singh Son of Bisheshwar Singh R/o
village- Jagarnath Basant, P/S- Lalganj, District- Vaishali.
4. Binod Kumar Singh Son of Kamal Singh R/o village- Manpur, P/S-
Lalganj, District- Vaishali.
5. Daroga Rai Son of Harvansh Rai R/o village- Yusufpur, P/S- Lalganj,
District- Vaishali.
6. Ashok Pandit Son of Late Rajendra Pandit R/o village- Pakri Kanth, P/S-
Lalganj, District- Vaishali.
7. Mukesh Kumar Son of Satyendra Rai R/o village- Sabalpur (Nawaltola),
P/S- Sonepur, District- Saran
8. Manjay Tiwary Son of Baliram Tiwary R/o village- Bharatpur, P/S-
Tarwara, District- Saran
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Alok Kumar Alok
For the Opposite Party/s Mr. Ashok Kr.Singh 1(App)
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CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR
SRIVASTAVA
ORAL ORDER
02/ 15.12.2014Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State.
Petitioners apprehend their arrest in connection with Complaint case no. 60/2014 in which cognizance has been taken under section 420 of the IPC.
Admittedly, land in question was stood in the name of Ram Nihora Singh who happened to be father of petitioner no.1. It is the case of the complainant that the said Ram Nihora Singh executed Patna High Court Cr.Misc. No.29278 of 2014 (2) dt.15-12-2014 patta in favour of his grand father but subsequently, after zamindari abolition, the aforesaid land was recorded in the name of the State of Bihar against which father of the complainant filed title suit which was decreed in his favour and the finding of civil court has not been challenged as yet.
Learned counsel for the petitioners submits that petitioner no.1 was not party to the aforesaid suit and it is an admitted position that the land in question belonged to father of petitioner no.1. It is also an admitted position that petitioner nos. 2 and 3 are witnesses on the sale deed whereas petitioner nos. 4 to 8 are purchasers.
Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the above named petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of Sri Aftab Alam, Judicial Magistrate, Ist Class, Vaishali at Hajipur in Complaint case no. 60/2014 subject to condition as laid down under section 438(2) of the Cr.P.C.
shahid (Hemant Kumar Srivastava,J) U T