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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.30118 of 2025 Arising Out of PS. Case No.-856 Year-2023 Thana- MAJHAULIA District- West Champaran ======================================================
1. SHAMBHU THAKUR S/O LATE. MANA THAKUR R/O VILL.- MURLA, P.S.- RAMGARHWA, DIST.- EAST CHAMPARAN
2. Santosh Thakur S/o Late Mana Thakur R/O VILL.- MURLA, P.S.- RAMGARHWA, DIST.- EAST CHAMPARAN
3. Pramod Thakur S/o Late Mana Thakur R/O VILL.- MURLA, P.S.- RAMGARHWA, DIST.- EAST CHAMPARAN ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Akhileshwar Kumar Shrivastva For the Opposite Party/s : Mr.Umanath Mishra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 16-05-2025
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Majhaulia Police Station Case No. 856 of 2023, dated 04.10.2023, disclosing offences punishable under Sections 420/ 467/468/471/34 of the Indian Penal Code. 3. The prosecution case, as per the First Information Report, is that Most. Rajiya and Most. Fulkaliya, wife of Dharichhan Thakur and Most. Khedani, wife of Yadu Thakur transferred 16 kathas 19 dhurs of land in favour of the father of the informant, Shambhu Sah and Radha
Patna High Court CR. MISC. No.30118 of 2025(2) dt.16-05-2025 2/3 Krishna Sah, pertaining to Khata No. 313, Plot Nos. 2510, 2712 and 2429, situated in mouza Rulahi, and jamabandi is also running in their name since 1975-76. It has been alleged that the accused persons, who are the grandsons of Most. Khedani, fraudulently transferred 4 kathas and 4 dhurs of land of Khata No. 313, Plot No. 2712 to co- accused Mukesh Singh and 2 kathas of land of Khata No. 313, Plot No. 2510 to co-accused Dinesh Singh by way of registered sale deeds. It has further been alleged that in the sale deeds, the petitioners have described themselves as the grandsons of Dharichhan Thakur in place of Yadu Thakur. 4. Learned Counsel for the petitioners submits that the petitioners are innocent and has falsely been implicated in this case due to ulterior motive. The petitioners are the co-sharers of the informant and they have sold the land in question claiming shares from another branch.
He further submits that the dispute between the parties relates to the civil dispute and a Title Suit No. 17 of 2024 has also been filed by the informant against the petitioners and others, which is still pending. 5. Regards being had to the submissions advanced on behalf
Patna High Court CR. MISC. No.30118 of 2025(2) dt.16-05-2025 3/3 of the parties and taking into consideration the fact that there is civil dispute between them and Title Suit No. 17 of 2024 is pending between the parties for the land in question, I am inclined to grant the petitioners privilege of anticipatory bail. 6. This application is, accordingly, allowed. 7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, at Bettiah, in connection with Majhaulia Police Station Case No. 856 of 2023, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure. Prabhakar Anand/- (Anil Kumar Sinha, J.) U √ T √