Bhupendra Sardar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.28666 of 2021 Arising Out of PS. Case No.-21 Year-2020 Thana- CHHATAPUR District- Supaul ====================================================== 1.
Bhupendra Sardar, aged about 51 years, male, Son of Nasib Lal Sardar 2.
Kumbhnaryan Sardar, aged about 46 years, male, Son of Nasib Lal Sardar 3.
Ramlakhan Sardar, aged about 54 years, male, Son of Late Dhumar Sardar 4.
Kishun Sardar, aged about 46 years, male, Son of Late Dhumar Sardar All are resident of Village - Ratnasagar, Ward no. 11, P.S.- Chhatapur, Distt.- Supaul.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ranjay Kumar Singh, Adv.
For the Opposite Party/s :
Ms. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 13-01-2022 Heard Mr. Ranjay Kumar Singh, the learned Advocate for the petitioners and Ms. Renu Kumari, the learned APP for the State.
Mr. Singh, the counsel for the petitioners seeks permission to withdraw the application with respect to petitioner Nos. 3 and 4, namely, Ramlakhan Sardar and
Patna High Court CR. MISC. No.28666 of 2021(2) dt.13-01-2022 2/3 Kishun Sardar respectively as they have been arrested during the pendency of this bail application. Permission is granted.
The application with respect to petitioner Nos. 3 and 4 is dismissed as withdrawn as having become infructuous.
The petitioner Nos. 1 and 2, namely, Bhupendra Sardar and Kumbhnaryan Sardar, seek bail in anticipation of their arrest in connection with Chhatapur P.S. Case No. 21 of 2020, dated 21.01.2020, instituted for the offences under Sections 332, 333, 352 and 353 of the Indian Penal Code. The accusation against these petitioners are of having created disturbance during the delivery of possession in an execution proceeding.
It has been submitted on behalf of petitioner Nos. 1 and 2 that a very vague and general allegation has been levelled against them and others and most of the offences, namely, Sections 332, 333, 352 and 353 of the I.P.C. are not made out. It has further been submitted that petitioner Nos. 1 and 2 have got no concern with the execution
Patna High Court CR. MISC. No.28666 of 2021(2) dt.13-01-2022 3/3 proceeding or with the delivery of possession. Regard being had to the facts afore-stated, the petitioner Nos. 1 and 2, in the event of their arrest or surrender before the learned Court below within a period of four weeks, are directed to be released on bail on their furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Supaul in connection with Chhatapur P.S. Case No. 21 of 2020, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
The application stands disposed off accordingly. (Ashutosh Kumar, J) Praveen-II/- U T