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2025 DAILYLAW 35320 (PAT)

Sheodayal Sao v. The State of Bihar

CR. MISC./24857/2025 · 2025-05-05

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.24857 of 2025 Arising Out of PS. Case No.-343 Year-2022 Thana- JEHANABAD COMPLAINT CASE District- Jehanabad ====================================================== 1 . Sheodayal Sao Son of Late Deonandan Sao village- Aiyara, Ps- Karpi, Dist- Arwal 2. Ram Sagar Sao Son of Sheodayal Sao village- Aiyara, Ps- Karpi, Dist- Arwal 3 . Hare Ram Kumar son of Rajendra Singh village- Santwan, Ps- Karpi, Dist- Arwal 4. Baijentri Devi Wife of Sheo Kumar Prasad @ Shivkumar Saw village- Santwan, Ps- Karpi, Dist- Arwal ... ... Petitioner/s Versus 1 . The State of Bihar 2. Mathura Sao Son of Sheodayal Sao village- Aiyara, Ps- Karpi, Dist- Arwal ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Anuj Kumar , Advocate For the Opposite Party/s : Mr. Rabindra Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 05-05-2025 Heard learned counsel for the petitioners and the State . 2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 323 , 420, 467, 468 , 471 , 120B of the Indian Penal Code . 3 . As per the prosecution case , petitioners are alleged to have sold the land of informant in favour of petitioner No. 4 Baijentri Devi. 4. It is submitted on behalf of the petitioners that Patna High Court CR. MISC. No.24857 of 2025(2) dt.05-05-2025 2/3 petitioner No. 1 is vendor, petitioner No. 2 is identifier, petitioner No. 3 is witness of the sale deed and petitioner No. 4 is vendee of land in question . It is further submitted that complainant is son of petitioner No. 1 and brother of petitioner No. 2. The land in question is self acquired property of petitioner No. 1 . He had purchased the land in qeustion along with his two brothers in the year 1979. After partition between the brother of petitioner No. 1 , the land in question came in the share of petitioner No. 1 and having right, title and possession over the land, petitioner No. 1 sold the land to petitioner No. 4. Moreover, the dispute involved in this case is with regard to sale and purchase of land which is purely civil in nature . It is further submitted that complainant has already filed a title suit No. 36 of 2023 in the Court below for declaring the sale deed illegal. 5 . Learned counsel for the State oppose the bail petition . 6 Considering the fact that dispute involved in this case is with regard to sale and purchase of land which is purely civil in nature , clean antecedents and circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two Patna High Court CR. MISC. No.24857 of 2025(2) dt.05-05-2025 3/3 sureties of the like amount each to the satisfaction of the CJM Arwal in connection with Complqaint Case No. 343 of2022 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure . Koushik/- (Prabhat Kumar Singh, J) U T