Patna High CourtCR. MISC./6788/2019bail granted

Dashrath Mandal And ORS v. The State Of Bihar

2019-02-06Mr. Justice Shivaji Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6788 of 2019 Arising Out of PS. Case No.-73 Year-2017 Thana- DHOLBAJJA District- Bhagalpur ======================================================

1. Dashrath Mandal, son of Late Madan Mandal

2. Arbind Mandal, son of Dashrath Mandal

3. Ratan Mandal, son of Dashrath Mandal

4. Sunil Mandal @ Sunil Kumar, son of Dashrath Mandal All are Residents of Village-Garaiya Tola, P.S.-Dholbajja, District-Bhagalpur ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr.Pramod Kumar Pandey, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 06-02-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are seeking anticipatory bail in connection with Dholbajja P.S. Case No.73 of 2017, registered for the offences punishable under Sections 341, 323, 447, 385, 504, 506/34 of the Indian Penal Code. The allegation has been made that the petitioners have forcibly harvested the standing crops.

Learned counsel for the petitioners submits that the present FIR has been lodged after 15 days, inasmuch as the disputed land does not belong to the informant. He further

Patna High Court Cr.Misc. No.6788 of 2019(2) dt.06-02-2019 2/2 submits that the informant had filed a Title Suit No.08/2000, which was dismissed and land has been found in the name of Raj Kumari Devi and she has been declared Sikmidar of the said disputed land.

Looking to the entire facts and circumstances of the case, let the petitioners, above-named, be released on anticipatory bail in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of the Judicial Magistrate-1st Class, Naugachia, Bhagalpur in connection with Dholbajja P.S. Case No.73 of 2017 subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. (Shivaji Pandey, J) V.K.Pandey/- U T