Ramsunder Mahto @ Ramsundar Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39677 of 2018 Arising Out of PS.Case No. -134 Year- 2017 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Ramsunder Mahto @ Ramsundar Prasad, Son of Late Prayag Mahto, Resident of Village- Dudhiyawan, Police Station- Yogapatti (Nawalpur), District- West Champaran.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Brij Kishor Mishra, Adv. For the Opposite Party/s : Mr. Sakir Ahmad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 10-07-2018 Heard both sides.

The petitioner apprehends his arrest in Yogapatti (Nawalpur) P.S. Case No. 134/2017, registered for the offences punishable under Sections 143, 188, 341, 384, 386, 447, 504 of the Indian Penal Code.

The informant alleged that he is the rightful owner of the land of Khesra no. 1605, Khata no. 124, area 02 decimals, but the petitioner and other accused persons forcibly wanted to take possession of the land. When the informant opposed, the accused persons abused and assaulted the informant. The Deputy Collector Land Reforms passed the order of vacating the land, but the accused persons forcibly trying to construct the house.

Patna High Court Cr.Misc. No.39677 of 2018 (2) dt.10-07-2018 2/2 Learned counsel for the petitioner submits that the informant earlier filed Yagapatti (Nawalpur) P.S. Case No. 209/2015 making same and similar allegation. There is a bona fide land dispute, but when the petitioner got bail in Yagapatti (Nawalpur) P.S. Case No. 209/2015, the informant again filed the present case on almost same and similar allegation. Considering the facts aforesaid, the petitioner abovenamed, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate 2nd, Bettiah, West Champaran in connection with Ygapatti (Nawalpur) P.S. Case No. 134/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Prabhat Kumar Jha, J) Vinita/- U T