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Raj Kumar Singh and Ors. v. State Of Bihar and Anr.

Patna HC8 Oct 2015CR. MISC./42286/2015

Case brief

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What is this about?

In a criminal miscellaneous matter arising from a PS Case in Khagaria, the High Court granted anticipatory bail to seven petitioners alleged to be bonafide purchasers and witnesses in a land dispute involving offences under the Indian Penal Code. The Court directed surrender within four weeks to secure release on bail.

What did the court decide?

Petitioners directed to surrender within four weeks and be released on bail of Rs. 10,000 with two sureties each, subject to conditions under Section 438(2) CrPC.

Raj Kumar Singh and Ors. Vs State Of Bihar and Anr. — Cheating and Forgery | Patna HC (2015)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.42286 of 2015

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Arising Out of PS.Case No. -301 Year- 2015 Thana -KHAGARIA District- KHAGARIA

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====================================================== 1. Raj Kumar Singh son of Late Satya Narayan Prasad Singh, R/o village & Post- Jahangira, P.S.- Khagaria (Gangaur O.P.), District- Khagaria.

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Shankar Thakur son of Late Sahdev Thakur R/o village & PostJahangira, P.S.- Khagaria (Gangaur O.P.), District- Khagaria.

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Chandradeo Yadav son of Late Bhikhar Yadav, R/o village & PostJahangira, P.S.- Khagaria (Gangaur O.P.), District- Khagaria. 4. Ram Bilash Singh son of Late Ishwar Singh, R/o village & PostJahangira, P.S.- Khagaria (Gangaur O.P.), District- Khagaria.

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Arvind Singh son of Late Satya Narayn Prasad Singh, R/o village & PostJahangira, P.S.- Khagaria (Gangaur O.P.), District- Khagaria.

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Ram Bilash Singh son of Late Satya Narayan Singh, R/o village & PostJahangira, P.S.- Khagaria (Gangaur O.P.), District- Khagaria. 7. Tuntun Kumar son of Raghunandan Prasad Singh R/o village & PostJahangira, P.S.- Khagaria (Gangaur O.P.), District- Khagaria.

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.... .... Petitioner/s

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Versus

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The State of Bihar.

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Mahendra Poddar son of Late Musho Poddar, R/o village & PostJalkauda, P.S. Gangaur O.P. Khagaria, District- Khagaria.

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.... .... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Chandan Kumar Kashyap For the Opposite Party/s : Mr. A.A.Khan(App)

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====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER

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2 08-10-2015 Heard learned counsel for the petitioners and learned counsel for the State.

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The petitioners seek anticipatory bail in connection

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with Khagaria (Gangaur) P.S. Case No. 301 of 2015 registered for the offences punishable under sections 420, 468, 423 and 120-B of the Indian Penal Code.

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It is contended that the petitioner nos.1 to 5 are

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bonafide purchasers of the land in question from accused no.1

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Patna High Court Cr.Misc. No.42286 of 2015 (2) dt.08-10-2015

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2/2

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Firoz Ahmad @ Tasbir Ahmad whereas petitioner nos.6 and 7 are witnesses of the sale deed and they cannot be said to have committed any offence by purchasing a piece of land for consideration. In case the executant of the sale deed was not having title over the plot in question, it was the purchasers, who have been cheated. It is further contended that the dispute alleged in the present case is of civil nature.

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Learned counsel for the State has opposed the prayer for anticipatory bail.

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Regard being had to the facts and circumstances of the case, in the event of arrest or surrender before the court below within four weeks from today, the petitioners, namely, Raj Kumar Singh, Shankar Thakur, Chandradeo Yadav, Ram Bilash Singh, Arvind Singh, Ram Bilash Singh and Tuntun Kumar are directed to be released on bail on furnishing bail bond of Rs.10,000/(Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Khagaria (Gangaur) P.S. Case No. 301 of 2015, subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure.

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(Ashwani Kumar Singh, J)

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Pradeep/U T

Raj Kumar Singh and Ors. v. State Of Bihar and Anr.

Case brief

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Raj Kumar Singh and Ors. v. State Of Bihar and Anr.

Case brief

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