Dayanand Prasad And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.8435 of 2019 Arising Out of PS. Case No.-156 Year-2018 Thana- DANIYAWAN District- Patna ======================================================
1. Dayanand Prasad, aged about 40 years, Male, S/o Late Chandeshwar Prasad.
2. Neeraj Kumar, aged about 19 years, Male, Son of Dayanand Prasad.
3. Suraj Kumar, aged about 20 years, Male, Son of Dayanand Prasad.
4. Ashok Kumar, aged about 42 years, Son of Late Chandeshwar Prasad. All residents of Village Araibenipur, P.S. Fatuha, District Patna. At present Village Nageshwarpur, P.S. Fatuha, District Patna.
5. Raj Kumari Devi, aged about 28 years, Female, Wife of Karu Paswan, Resident of Village Islampur, P.S. Daniyawan, District Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rudra Deo For the Opposite Party/s :
Mr.Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 14-02-2019 Learned counsel for the petitioners submits that petitioners no.2 and 4, namely, Neeraj Kumar and Ashok Kumar have already been arrested.
Accordingly, the prayer for anticipatory bail of petitioner no.2, Neeraj Kumar and petitioner no.4, Ashok Kumar is dismissed as has become infructuous.
Heard both sides.
Petitioners apprehend their arrest in Daniyawan P.S. Case No.156 of 2018, registered under Sections 379, 354, 427 and other minor sections of the Indian Penal Code. The informant named the petitioners and others and
Patna High Court Cr.Misc. No.8435 of 2019(2) dt.14-02-2019 2/3 alleged that they having armed with different weapons came to the field of the informant. Sanoj Paswan made indiscriminate firing to terrorize the informant and others. The petitioners are alleged to have behaved in the same manner with the informant and her Bataidaar.
Learned counsel for the petitioners submits that there is a bona fide land dispute between the two sides. One Kapildeo Singh filed Daniyawan P.S. Case No.169 of 2018 against the husband of the informant and others. Karu Paswan filed SC/ST P.S. Case No.41 of 2018 against the informant and others. Learned counsel for the informant on the other hand vehemently opposes the prayer for bail and submitted that the informant is bona fide purchaser of the land. The petitioners are putting hindrance in their peaceful possession. Having considered the facts and nature of allegations made against the petitioners and the fact that no specific allegation is made against the petitioners although petitioners are named in the FIR and the occurrence is consequence of land dispute, let petitioners no.1, 3 and 5, namely, Dayanand Prasad, Suraj Kumar and Raj Kumari Devi, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt of this order be enlarged on bail on
Patna High Court Cr.Misc. No.8435 of 2019(2) dt.14-02-2019 3/3 furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-IV, Patna City in connection with Daniyawan P.S. Case No.156 of 2018, subject to the conditions laid down under Section 438(2) Cr.P.C.
(Prabhat Kumar Jha, J) S.KUMAR/- U T