Digvijay Kumar Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15168 of 2024

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Arising Out of PS. Case No.-370 Year-2023 Thana- JOGAPATTI District- West Champaran

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Digvijay Kumar Son Of Suchendra Mahato Resident Of Village- Belsandi Ward No. 03, Ps- Gaunaha, Dist- West Champaran

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Kamlesh Yadav Son Of Late Saral Yadav Resident Of Village- Nawalpur , Ward No. 05, Ps- Nawalpur, Distt- West Champaran

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Shashikant Yadav Son Of Late Lalan Yadav Resident Of Village- Nawalpur , Ward No. 05, Ps- Nawalpur, Distt- West Champaran

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Brijesh Baitha Son Of Late Nathuni Baitha Resident Of Village- Nimuiya, Ps- Nawalpur, Distt- West Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

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with

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CRIMINAL MISCELLANEOUS No. 15194 of 2024

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Arising Out of PS. Case No.-370 Year-2023 Thana- JOGAPATTI District- West Champaran

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Arun Chaubey Son of Suresh Chaubey Resident of Vill.- Bishrampur, Police Station- Yogapatti, Dist.- West Champaran

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Rajiv Kumar Chaubey Son of Ravindra Chaubey Resident of Vill.Bishrampur, Police Station- Yogapatti, Dist.- West Champaran

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Vinod Kumar Yadav Son of Late Bhavichan Yadav @ Babhikhan Yadav Residen of Vill.- Jiriya, Police Station- Lauriya, Dist.- West Champaran

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Lalbabu Yadav Son of Mukhlal Yadav Resident of Vill.- Bishrampur, Police Station- Yogapatti, Dist.- West Champaran

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Upendra Yadav Son of Mukhlal Yadav Resident of Vill.- Bishrampur, Police Station- Yogapatti, Dist.- West Champaran

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... ... Petitioner/s

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Versus

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The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 15168 of 2024) For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr. Rajiv Nayan, Advocate (In CRIMINAL MISCELLANEOUS No. 15194 of 2024) For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s : Mr. Anil Kumar Singh No. 1, Advocate ======================================================

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... ... Opposite Party/s

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Patna High Court CR. MISC. No.15168 of 2024(2) dt.13-03-2024 2/5

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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2 13-03-2024 Both the matters are arising out of the same P.S. case

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and, as such, with the consent of the parties they are being heard together and being disposed off by this common order.

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Heard Mr. V.N. Mishra, learned counsel appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State. Mr. Abhitabh Kumar, learned counsel for the informant appears in both the matters.

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The petitioners apprehend their arrest in connection with Yogapatti P.S. Case No. 370 of 2023, registered for the offences punishable under Sections 147, 323, 327, 341, 386, 379, 420, 406, 467, 468, 504 and 34 of the Indian Penal Code.

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It is alleged that the present FIR is based upon a complaint case, filed by the informant on 15.07.2023, alleging therein that on 22.06.2023 while the informant alongwith two other persons were in their field, in the mean time the petitioners and others came there and started demanding Rs. 15,00,000/- as a rangdari for cultivating the land and also threatened to kill. The petitioners and others also snatched the valuables, worth more than a lakh. Further allegation has been leveled that the informant had purchased the land in the year 1967 and

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Patna High Court CR. MISC. No.15168 of 2024(2) dt.13-03-2024 3/5

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jamabandi was also created in his favour however, the petitioners and others by making a sort of forgery, got the sale deed executed in their favour.

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Learned counsel appearing on behalf of the petitioners has taken this Court to the averments made in the complaint which is the very basis of the FIR and submitted that in fact a civil dispute has given the colour of criminal case as would be evident from the last portion of the complaint, which clearly suggests that the land in question has been duly registered in favour of the petitioners and others and this gives annoyance to the informant resulting into filing of the complaint /FIR. Learned counsel further contended that even as per the narratives of the FIR, it would be evident that the alleged occurrence took place on 22.06.2023 but, surprisingly the complaint has been filed on 15.07.2023 and no reason for causing such delay has been explained. Moreover, irrespective of all the allegations, the informant and others are not remedyless and he ought to approach the Civil Court of competent jurisdiction for redressal of his grievance, if any. He lastly submits that though out of eight petitioners, two of them bear one criminal antecedent however, both are on bail and all the

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Patna High Court CR. MISC. No.15168 of 2024(2) dt.13-03-2024 4/5

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petitioners undertake that they would fully cooperate in the investigation or in the proceeding of the Court.

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On the other hand, learned counsel for the State as well as informant opposed the pre-arrest bail application and submits that the petitioners are indulged in grabbing the lands of innocent persons through fraudulent means and by making forged and fabricated documents. Learned counsel for the informant further added his submission by submitting before this Court that the land in question was registered in the name of the informant way back in the year 1967 and there was a jamabandi in his favour and prima facie , they are found to be indulge in cheating and playing fraud upon the informant.

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Regard being had to the submissions made on behalf of the parties and considering the nature of allegation which is predominantly civil in nature apart from the delay in lodging of the FIR, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial

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Patna High Court CR. MISC. No.15168 of 2024(2) dt.13-03-2024 5/5

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Magistrate in connection with Yogapatti P.S. Case No. 370 of 2023, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioners.

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(Harish Kumar, J)

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supratim/-

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U T

Digvijay Kumar v. The State of Bihar

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Digvijay Kumar v. The State of Bihar

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