Shyam Sundar Agrawal And ORS. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19028 of 2016 Arising Out of PS.Case No. -815 Year- 2015 Thana -SAHARSA District- SAHARSA ======================================================

1. Shyam Sundar Agrawal, Son of Purushottam Agrawal

2. Manish Agrawal, Son of Shyam Sundar Agrawal

3. Krishna Agrawal, Son of Shyam Sundar Agrawal

4. Purusshottam Agrawal, Son of Late Lakhi Agrawal

5. Mahesh Agrawal, Son of Purushottam Agrawal

6. Sunil Agrawal, Son of Purushottam Agrawal. All are residents of village - Naya Bazar, Ward No. 3, P.S. + District - Saharsa .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Pramod Mishra, Advocate For the Opposite Party/s : Mr. Kr. Ranjit Ranjan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-05-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application for grant of anticipatory bail arises out of Saharsa P.S. Case No. 815 of 2015, disclosing offences under Sections 147, 148, 149, 323, 327, 330, 341, 363 and 364 of the Indian Penal Code.

It is alleged that the petitioners kidnapped the brother of the informant.

Learned counsel for the petitioners has submitted that these petitioners and the informant are agnates and there is admitted land dispute between them. Because of the said land dispute, various cases have been instituted by the informant side on the side of the petitioners and against the informant by the side

Patna High Court Cr.Misc. No.19028 of 2016 (2) dt.10-05-2016 2/2 of these petitioners. He has further submitted that, as a matter of fact, the informant had concealed the said alleged victim, who has re-appeared.

Considering the fact that the petitioners and informant are agnates and there is land dispute between them, this application is allowed.

Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa P.S. Case No. 815 of 2015, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Vats/- U T