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Jag Narain Choudhary and Anr. v. The State Of Bihar

Patna HC19 Dec 2018CR. MISC./74467/2018

Case brief

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What is this about?

The Patna High Court granted anticipatory bail to the petitioners in a criminal case involving offences under the IPC. The court relied on the petitioners' prior agreement to develop the disputed land as evidence of a civil dispute rather than a criminal act. Bail was granted subject to conditions within four weeks.

What did the court decide?

Release of petitioners on bail after arrest or surrender within four weeks by furnishing a bond of Rs. 10,000/- each with two sureties.

Jag Narain Choudhary and Anr. Vs The State Of Bihar — Bail and Remand | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.74467 of 2018

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Arising Out of PS. Case No.-509 Year-2018 Thana- DANAPUR District- Patna

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

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1. Jag Narain Choudhary, Son of Jitan Choudhary,

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Krishna Choudhary @ Krishna Kumar, Son of Jag Narayan Choudhary, both residents of Village- Adampur, P.S.- Danapur, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ravi Bhardwaj For the Opposite Party/s : Mr. Indra Kumar Singh ======================================================

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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER

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2 19-12-2018 Heard both sides.

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The petitioners apprehend their arrest in Danapur P.S. Case No.509 of 2018 for the offences punishable under Sections 468, 471, 447, 504, 506 and 34 of the Indian Penal Code.

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The informant alleged that she owns Plot No.1531, area 2 kathas of Khata No.40 and Jag Narain Choudhary and Krishna Choudhary also owns land adjacent to the land of informant but Jag Narain Choudhary and Krishna Choudhary executed a deed of agreement for development of their lands as well as the lands of the informant.

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The learned counsel for the petitioners submits that informant did not produce any chit of paper to show her ownership of the land. It is further submitted that from perusal

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Patna High Court Cr.Misc. No.74467 of 2018(2) dt.19-12-2018 2/2

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of Annexure 2, it would appear that Plot No.1531 was purchased by the ancestor of the petitioners from Thakur Mahto. The petitioners entered into an agreement for development of the land. The dispute is of civil nature.

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Considering the aforesaid facts and nature of allegation against the petitioners, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of the order, 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 A.C.J.M.-I, Danapur, Dist.-Patna in connection with Danapur P.S. Case No.509 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Prabhat Kumar Jha, J)

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Saurabh/-

Jag Narain Choudhary and Anr. v. The State Of Bihar

Case brief

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Jag Narain Choudhary and Anr. v. The State Of Bihar

Case brief

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