Ram Krishn Agrawal @ Ram Kishun Khadlwal @ Babli Khariwal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20427 of 2020 Arising Out of PS. Case No.-113 Year-2013 Thana- JAYNAGAR District- Madhubani ====================================================== 1.

Ram Krishn Agrawal @ Ram Kishun Khadlwal @ Babli Khariwal, Son of Brijlal Khariwal Resident of Mohalla - Mukkari Toli, Police Station - Jaynagar, District - Madhubani.

2.

Sunny Khariwal, Son of Krishn Khariwal @ Krishn Kumar Khariwal Resident of Mohalla - Mukkari Toli, Police Station - Jaynagar, District - Madhubani.

3.

Kanyu Khariwal, Son of Krishn Khariwal @ Krishn Kumar Khariwal Resident of Mohalla - Mukkari Toli, Police Station - Jaynagar, District - Madhubani.

... ... Petitioners

Versus

1.

The State of Bihar 2.

Hari Nandan Prasad Son of Late Chandeshwar Yadav Resident of Village - Hatbariya, P.S.- Harlakhi, District - Madhubani. ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shailendra Kumar Jha- Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 07-10-2020 Heard learned counsel appearing for the petitioners as well as learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioners apprehend their arrest in connection with Complaint Case No.313 of 2017/ 25 of 2017 arising out of Jaynagar P. S. Case No.113 of 2013, in which cognizance for the offences punishable under Sections 447, 384, 379/34 of the I.P.C. was taken.

Initially, Jaynagar P. S. Case No.113 of 2013 was

Patna High Court CR. MISC. No.20427 of 2020(2) dt.07-10-2020 2/2 lodged against the petitioners, but after investigation, police submitted final-form showing the land dispute. The informant filed protest petition. After accepting the final form, the concerned Court proceeded on the protest petition treating the protest petition as complaint petition. However, the complaint petition goes to show that there was land dispute between the parties.

Considering the aforesaid facts and circumstances of the case as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within six weeks from the date of receipt of this order to the Court concerned, shall be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub-divisional Judicial Magistrate, Madhubani in connection with C.R Case No.313 of 2017 arising out of Jaynagar P. S. Case No.113 of 2013, subject to conditions as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) vikash/- U T