Pannalal Sharma And ORS v. The State Of Bihar

Patna High Court Cr.Misc. No.4514 of 2017 (2) dt.16-03-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4514 of 2017 Arising Out of PS.Case No. -84 Year- 2016 Thana -PRATAPGANJ District- SUPAUL ======================================================

1. Pannalal Sharma, S/o Fudan Sharma,

2. Manoj Yadav, S/o Late Amrit Lal Yadav,

3. Uday Yadav, S/o Late Amrit Lal Yadav,

4. Savitree Devi, W/o Pannalal Sharma.

5. Lalita Devi, W/o Ram Prasad Sharma.

6. Guddi Kumari, D/o Pannalal Sharma, All are resident of VillageGovindpur, Narari, P.S.- Pratapganj, District- Supaul. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Nafisuzzoha, Advocated. For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-03-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Pratapganj P.S. Case No. 84 of 2016, registered under Section 353 of the Indian Penal Code.

The accusation is that in spite of notice to the petitioners to vacate the land of plot no. 589, area 10 decimals, of Khata No. 112(K) of village Gobindpur (Narri), Pratapganj, regarding which, Basigat Purcha was issued in favour of Parmeshwari Sharma, the petitioners did not vacate the same. When the Administration reached at the plot to vacate the land

Patna High Court Cr.Misc. No.4514 of 2017 (2) dt.16-03-2017 then protest was made by this petitioner and his family members. Learned counsel for the petitioners submits that petitioner no.1, Pannalal Sharma and Ram Prasad Sharma are own brothers of Parmeshwari Sharma and both have purchased the land as detailed in the F.I.R. to Chandrama Prasad Singh on 19.06.2002 but illegally Parmeshwari Sharma got Basigat Purcha of the said land and tried to create hindrance in possession of the petitioner with the help of Administration.

Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Sub-Divisional Judicial Magistrate, Birpur at Supaul, in connection with Pratapganj P.S. Case No. 84 of 2016, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T