Shibu Sadai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1948 of 2022 Arising Out of PS. Case No.-69 Year-2021 Thana- PANDAUL District- Madhubani ====================================================== 1.

SHIBU SADAI Son of Laxmi Sadai Resident of Village - Pandaul Musahari, P.S.- Pandaul, Distt.- Madhubani.

2.

Raj Kumar Sadai Son of Ramdeo Sadai Resident of Village - Pandaul Musahari, P.S.- Pandaul, Distt.- Madhubani.

3.

Sonu Sadai Son of Domu Sadai Resident of Village - Pandaul Musahari, P.S.- Pandaul, Distt.- Madhubani.

4.

Shanichari Devi W/o Laxman Mukhiya Resident of Village - Pandaul Musahari, P.S.- Pandaul, Distt.- Madhubani.

5.

Pichhar Sadai Son of late Hiya Sadai @ Hima Sadai Resident of Village - Pandaul Musahari, P.S.- Pandaul, Distt.- Madhubani. 6.

Vishnu Sadai Son of Bauvan Sadai Resident of Village - Pandaul Musahari, P.S.- Pandaul, Distt.- Madhubani.

7.

Domu Sadai Son of Ramjee Sadai Resident of Village - Pandaul Musahari, P.S.- Pandaul, Distt.- Madhubani.

8.

Shiv Nath Sadai Son of Late Dukhi Mukhiya Resident of Village - Pandaul Musahari, P.S.- Pandaul, Distt.- Madhubani.

9.

Shyam Mukhiya Son of Late Dukhi Mukhiya Resident of Village - Pandaul Musahari, P.S.- Pandaul, Distt.- Madhubani.

10.

Daibati Devi W/o Vishnudeo Sadai Resident of Village - Pandaul Musahari, P.S.- Pandaul, Distt.- Madhubani.

11.

Sita Ram Sadai Son of Raghubir Sadai Resident of Village - Pandaul Musahari, P.S.- Pandaul, Distt.- Madhubani.

12.

Shakunti Devi W/o Surendra Sadai Resident of Village - Pandaul Musahari, P.S.- Pandaul, Distt.- Madhubani.

13.

Surendra Sadai Son of Sundar Sadai Resident of Village - Pandaul Musahari, P.S.- Pandaul, Distt.- Madhubani.

14.

Laxmi Sadai Son of Sone Sadai Resident of Village - Pandaul Musahari, P.S.- Pandaul, Distt.- Madhubani.

15.

Amarjeet Sadai Son of Devanjee Sadai Resident of Village - Pandaul Musahari, P.S.- Pandaul, Distt.- Madhubani.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan Deo Yadav, Advocate Mr. Ravi Prakash, Advocate Mr. Vinod Kumar, Advocate Mr. Udeshya Kumar Yadav, Advocate

Patna High Court CR. MISC. No.1948 of 2022(2) dt.13-07-2022 2/3 For the State :

Ms. Asha Kumari, APP For the Informant :

Ms. Kusum Rani, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-07-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Pandaul P.S. Case No.69 of 2021, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 353, 504, 506, 120(B), 332 and 333 of the Indian Penal Code. The petitioners along with other 100-150 co-accused persons are said to have tried to grab the land of Arvind Kumar Jha and Atindra Nath Jha. When the police personnel reached at the place of occurrence, the petitioners and other 100-150 coaccused persons are said to have attacked on them. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case. It is further submitted that there is general and omnibus allegation against the petitioners. The petitioners were only the members of the mob. It is submitted that there is land dispute between the parties. It is lastly submitted that the petitioners have got one criminal antecedent relating to the same occurrence as stated in paragraph-3 of the bail application. The learned APP for the State opposed the prayer for

Patna High Court CR. MISC. No.1948 of 2022(2) dt.13-07-2022 3/3 anticipatory bail of the petitioners and submitted that the FIR named accused, Lakshman Chaudhary provoked the petitioners to capture the land.

Taking into consideration the facts that there is land dispute between the parties and the petitioners were only the members of the mob, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Pandaul P.S. Case No.69 of 2021, subject to the conditions laid down under Section 438 (2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J.) Sanjay/- U T