Rajeev Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9300 of 2019 Arising Out of PS. Case No.-341 Year-2018 Thana- HISUWA District- Nawada ======================================================
1. Rajeev Kumar, Male, Aged about 30 years, Son of Birendra Singh Resident of Village- Bhim Bigha, P.S.- Narhat, Distt.- Nawada.
2. Vikash Kumar @ Guddu Kumar @ Vikash, Male, aged about 36 years, S/o Upendra Singh,
3. Nivas Kumar @ Ram Niwas Kumar, Male, Aged about 28 years, S/o Upendra Singh Both are residents of Village- Latawar, P.S.- Hisua, Distt.- Nawada. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Birendra Kumar, Advocate For the State :
Mr. Binod Kumar No.3, APP For the Informant :
Mr. Mukesh Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 18-02-2019 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are seeking anticipatory bail in connection with Hisua P.S. Case No. 341 of 2018, registered for the offence under Sections 341, 323, 379, 354(B), 384, 427, 506, 504/34 of the Indian Penal Code and Section 27 of Arms Act.
Both the parties are neighbours and there is a litigation with respect to the 1/2 decimal of land. As per the petitioners, certain portion of land falls in their share, but has illegally been occupied by the informant.
Whereas, learned counsel for the informant submits
Patna High Court Cr.Misc. No.9300 of 2019(2) dt.18-02-2019 2/2 that story goes in that manner that the petitioners want that 1/2 decimal of land to be compensated by the informant. Looking to the nature of dispute, let the abovenamed petitioners, 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 Chief Judicial Magistrate, Nawada, in connection with Hisua P.S. Case No. 341 of 2018, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that if the petitioners are found to be involved in similar nature of case in future, then the prosecution will be at liberty to file an application for cancellation of their bail.
This Court directs the Circle Officer, Hisua to get the land measured by a proper Amin and accordingly both the parties will construct their respective houses in their respective shares.
(Shivaji Pandey, J) pawan/- U T