Allowed

Sheshnath Yadav and Ors. v. State Of Bihar and Anr.

Patna HC22 Aug 2016CR. MISC./31120/2016

Case brief

AI extract

What is this about?

The Patna High Court orally granted anticipatory bail to petitioners in an investigation regarding alleged illegal land sale. The court held that the investigating agency found the matter to be a civil title dispute and released the petitioners on bail subject to appearance conditions.

What did the court decide?

Anticipatory bail granted to petitioners; they shall surrender within four weeks and appear in person at trial court.

Sheshnath Yadav and Ors. Vs State Of Bihar and Anr. — Property and Title | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.31120 of 2016

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Arising Out of PS.Case No. -432 Year- 2014 Thana -BAGHA District-

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WESTCHAMPARAN(BETTIAH)

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======================================================

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Sheshnath Yadav, son of late Shambhu Yadav, Resident of villagePakargaon, P.O.- Kharpokhara, Police Station- Bagaha, District-West Champaran

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Kaushlya Devi, Wife of late Jangi Sah, Resident of villageKharpokhara, Police Station-Bagaha, District-West Champaran

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Subhas Yadav @ Subash Yadav, Son of late Mahadeo Yadav, Resident of Village-Barwa, Police Station-Bagaha, District-West Chanparan

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Om Prakash Dharikar, Son of Sheshnath Dharikar, Resident of Village-Pathkhauli, Police Station-Bagaha, District-West Champaran, at Present resident of village- Dhadh Wariyarwa, Police Station-Semra, District-West Champaran .... .... Petitioners

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Versus

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The State of Bihar

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Rabindra Kishore Singh, Son of late Gorakh Singh, Resident of villageBanchahari, Police Station -Bagaha, District-West Champaran

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.... .... Opposite Parties

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

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For the Petitioners : Mr. Brij Kishor Mishra, Advocate For the Opposite Parties : Mr. Jitendra Kumar Singh (APP98)

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====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER

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2 22-08-2016 Heard the counsel for the petitioners and Mr. Jitendra Kumar Singh, APP for the State.

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The petitioner(s) herein seek anticipatory bail in

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Bagaha P.S. Case No. 432 of 2014, registered under Sections 420,467,468,471 and 120B of the Indian Penal Code.

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Its alleged that the land belonged to the informant since 1992 which was illegally sold in 2014 by petitioner no.2 in favour of petitioner no.3, in which petitioner no.1 and petitioner no.4 cooperated.

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It is submitted by the petitioner(s) that upon making

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Patna High Court Cr.Misc. No.31120 of 2016 (2) dt.22-08-2016

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2/2

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investigation, the police found it a case of title dispute between two parties. Petitioner no.2 has asserted title over the land. Differing from the same, learned Additional Chief Judicial Magistrate-1^st , Bagaha has taken cognizance and hence the apprehension.

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Magistrate-1

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Looking to the nature of allegations and the fact that they were exonerated by the investigating agency, I am persuaded to grant the privilege of anticipatory bail to petitioner(s). Let the petitioner(s) above named, in the event of arrest/surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1^st , Bagaha, West Champaran in Trial No. 1057 of 2016 arising out of Bagaha P.S. Case No.432 of 2014 subject to the condition that one of the bailors shall be their own/close family members. The petitioner(s) shall appear in person on each date fixed at the trial. In case of default in appearance on two consecutive dates, the trial court shall have liberty to cancel their bail bonds.

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(Kishore Kumar Mandal, J.)

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ravi/U T

Sheshnath Yadav and Ors. v. State Of Bihar and Anr.

Case brief

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Sheshnath Yadav and Ors. v. State Of Bihar and Anr.

Case brief

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