Single Judge bench allowed appeal rejecting anticipatory bail grant, ruling it based on civil land dispute with malicious intent by informant, and directed release on bail with sureties.
Set aside impugned order granting anticipatory bail rejection. Directed release on bail bonds of Rs.10,000 each with two sureties of like amount within eight weeks.
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 APPEAL (SJ) No.1233 of 2021
Arising Out of PS. Case No.-156 Year-2016 Thana- BHABHUA District- Kaimur (Bhabua)
======================================================
Versus
The State of Bihar ... ... Respondent/s ====================================================== Appearance : For the Appellant/s : Mr. Prabhakar Singh- Advocate For the Informant : Mr. Rabindra Kumar- Advocate For the Respondent/s : Ms. Usha Kumari-1- S.P.P. ======================================================
... ... Respondent/s
CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER
2 01-07-2021 Heard Mr. Prabhakar Singh, the learned Advocate for the appellants, Mr. Rabindra Kumar, the learned Advocate for the informant and Ms. Usha Kumari1, the learned Special Public Prosecutor for the State.
The appellants have challenged the order dated 07.01.2021 passed by the learned Additional District & Sessions Judge-1-cum-Special Judge, Kaimur at Bhabua in connection with Bhabua P. S. Case No.156 of 2016, instituted for the offences under Sections 467, 468, 471, 472, 420, 504, 506/ 34 of the Indian Penal Code and Section 3(i)(iv), 3(2)(vi), 3(1)(X) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby their prayer for grant of
Patna High Court CR. APP (SJ) No.1233 of 2021(2) dt.01-07-2021 2/4
anticipatory bail has been rejected.
The learned counsel for the appellants has submitted that an absolutely false case has been lodged by the informant who has adopted this cleaver strategy of preventing the appellants from coming in possession of the land in question which they have purchased for valuable consideration. The land in question has been sold by the son of the informant. The land had actually been purchased in the first instance by the wife of the informant. The sale-deed was executed by the son of the informant after the death of the wife of the informant.
The learned counsel for the appellants has also submitted that the informant has filed a Title Suit also vide T.S. No.650 of 2015. The sale-deed is said to have been executed on 08.06.2015 but the case has been lodged on 13.03.2016. Prior to lodging of the case, the Title Suit, referred to above, has been filed by the informant.
It has been alleged by the informant, therefore, that a land over which construction has been made, has wrongly been shown as fallow land and has been sold to
Patna High Court CR. APP (SJ) No.1233 of 2021(2) dt.01-07-2021 3/4
appellant no.1
None of the offences of the provisions of the Indian Penal Code or the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, it has been urged, can, at all, be said to have been made out against the appellants.
It appears to be primarily a civil dispute and only to put undue pressure on the appellants, the present case has been lodged. The appellant no.1, as noted above, is the purchaser of the land in question whereas, the appellant no.2 is the mother of appellant no.1.
For the reasons afore-stated, the order dated 07.01.2021, referred to above, is set aside.
The appeal stands allowed.
The appellants, above named, in the event of their arrest or surrender before the learned Court below within a period of eight weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional District & Sessions Judge-1-cum-Special Judge,
Patna High Court CR. APP (SJ) No.1233 of 2021(2) dt.01-07-2021 4/4
Kaimur at Bhabua in connection with Bhabua P. S. Case No.156 of 2016, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
(Ashutosh Kumar, J)
vikash/-
U T
3 issues framed by the court
Whether to accept appellants' claim that the FIR was lodged maliciously to deprive them of purchased land in a civil dispute.
Whether the impugned order rejecting anticipatory bail application should be set aside and bail granted.
Whether conditions under Section 438 Cr.P.C. should be imposed upon granting bail.
3 provisions across 3 enactments
Panchdeo Singh
Kalawati Kuwer
The State of Bihar
ASHUTOSH KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
