Ram Swarath Singh @ Ram Swarath Sharma And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.16709 of 2019 Arising Out of PS. Case No.-11 Year-2018 Thana- PIPRIYA District- Lakhisarai * ====================================================== 1.
Ram Swarath Singh @ Ram Swarath Sharma, Son of Late Dashrath Singh @ Late Daso Singh, R/o village- Ramchandrapur, P.S.- Pipariya, DistrictLakhisarai 2.
Ramanuj Singh, Son of Late Dashrath Singh @ Late Daso Singh, R/o village- Ramchandrapur, P.S.- Pipariya, District- Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sanjeev Kumar For the Opposite Party/s :
Mr.Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 25-03-2019 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 392, 427 and 506 of the IPC.
The prosecution case, as per the written report of Arjun Sharma, dated 05.04.2018, submitted to the Station House Officer, Pipariya Police Station, is to the effect that on 04.04.2018, the informant went to his native village to watch the crop on his land when he found that the petitioners and 2-3 unknown persons were harvesting the crop on the land of the informant by using harvester machine and when the informant made protest, petitioner no.1 and one unknown person
Patna High Court CR. MISC. No.16709 of 2019(2) dt.25-03-2019 2/3 threatened to kill him. It is further alleged that earlier also the accused persons assaulted and threatened the informant, leading to registration of Pipariya P.S. case No. 32 of 2017, against petitioner no.2.
It is submitted by learned counsel for the petitioners that the petitioners bought the land in question through registered sale deed on 06.02.1985, from one Ram Nagina Devi and since then the petitioners are in possession of the said land, but in order to disturb the possession of the petitioners over the land in question, the present case has falsely been lodged. A statement has been made in paragraph no.3 of the petition that apart from the present case, both the petitioners are made accused in one other case, which have also been lodged by the present informant, in which the petitioners are on bail. Learned APP submits that the accusation against the petitioners is specific.
Considering the nature of accusation arising out of land dispute, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of
Patna High Court CR. MISC. No.16709 of 2019(2) dt.25-03-2019 3/3 learned Judicial Magistrate, 1st Class, Lakhisarai in connection with Pipariya P.S. Case No. 11 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Dinesh Kumar Singh, J) Amrendra/- U T