The Patna High Court granted anticipatory bail to the petitioners in a case involving offences under Sections 420, 467, 468, 471, 147, 148, 149, and 120B of the IPC, noting the pendency of a title suit.
Petitioners released on anticipatory bail, to surrender within 12 weeks, on furnishing a bail bond of Rs. 10,000 with two sureties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34033 of 2015
Arising Out of PS.Case No. -474 Year- 2013 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI)
====================================================== 1. Gopal Ji Jaiswal, son of Abhimanyu Jaiswal 2. Govind Gopal, son of Gopal Ji Jaiswal 3. Jalandhar Yadav @ Jalandhar Prasad Yadav, son of late Sakhichand Yadav 4. Manoj Kumar, son of late Keshav Prasad .... .... Petitioner/s Versus The State of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Sangeet Deokuliar, Advocate For the Opposite Party/s : Mr. Madan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 2 25-08-2015 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 148, 149, 420, 467, 468, 471, 120B of the Indian Penal Code.
It is alleged that during pendency of Title Suit No.194/82 wherein order of status quo is operating co-accused Manju Devi executed agreement to sale on 13.07.2006 with regard to 3 Katha 4 dhurs of suit land in favour of petitioner no.2 Govind Gopal wherein petitioner no.4 is witness to the agreement for sell and petitioner nos. 1 and 3 are the accomplice of petitioner nos. 2 and 4.
It is submitted by learned counsel for the petitioners
Patna High Court Cr.Misc. No.34033 of 2015 (2) dt.25-08-2015
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that for an agreement to sell dated 13.07.2006, the present case was lodged in 2013 and the thrust of accusation is against Manju Devi, who is not petitioner before this court.
Considering the nature of accusation in the background of title dispute between the parties, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of ` 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Motihari Town P.S. Case No.474 of 2013, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J)
Ashwini/-
U T
1 issue framed by the court
Whether the petitioners be released on anticipatory bail in light of the nature of accusation in a case arising from a title dispute.
Gopal Ji Jaiswal
Govind Gopal
Jalandhar Yadav
Manoj Kumar
The State of Bihar
Dinesh Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
