Patna High CourtCR. MISC./23773/2016bail granted

Bhola Mahto And ORS v. The State Of Bihar

2016-05-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23773 of 2016 Arising Out of PS.Case No. -4 Year- 2016 Thana -SC/ST District- MADHEPURA ======================================================

1. Bhola Mahto Son of Late Butan Mahto

2. Gopal Jha son of Late Umesh Jha

3. Kharchan Mahto Son of Late Butan Mahto

4. Mantu Mahto son of Kharchan Mahto

5. Ghoghal Mahto son of Late Sakhichan Mahto

6. Raghunandan Mehta son of Late Bishwanath Mehta

7. Sunil Thakur son of Late Murlidhar Thakur, All resident of village Laxmipur Lal Chand, P.S. Bihariganj, DistrictMadhepura .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Ambika Bhagat (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 26-05-2016 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 323, 427, 504, 506/34 of the Indian Penal Code and 3(1)(v) of SC/ST (Prevention of Atrocities) Act. The prosecution case is that the accused persons forcibly tried to take possession of the land of the informant for which a purcha was issued in favour of the informant.

It is submitted by learned counsel for the

Patna High Court Cr.Misc. No.23773 of 2016 (2) dt.26-05-2016 2/2 petitioners that the petitioners' side filed application for cancellation of the purcha before the Collector in 2012 and in the background of land dispute the accusation has been levelled. For the occurrence of 07.01.2016 the FIR was registered on 07.02.2016.

Considering the genesis of the occurrence and the delayed lodging of the case, let the above named petitioners be released on anticipatory bail, in the event of arrest or 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 the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 3rd, Madhepura in connection with Madhepura SC/ST P.S. Case No. 04 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) DKS/- U T