Ashok Pathak And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61341 of 2018 Arising Out of PS. Case No.-191 Year-2017 Thana- ITARHI District- Buxar ======================================================

1. Ashok Pathak, S/o- Surendra Pathak

2. Abhay Lal, S/o- Ramjee Lal, Both Resident of Village- Itarhi, P.S. Itarhi, District- Buxar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dwivedy Surendra For the Opposite Party/s :

Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-11-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 427, 379/34 of the Indian Penal Code.

A civil suit is going on between the parties. Allegation is that just to grab the disputed land, the petitioners damaged the boundary wall of the land. Considering the background and nature of allegation, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of thirty days from the date of receipt of the order be released on bail on furnishing bail bonds of Rs.20,000/- (Rupees Twenty

Patna High Court Cr.Misc. No.61341 of 2018(2) dt.06-11-2018 2/2 Thousand) each with two sureties of the like amount each to the satisfaction of learned court below where the case is pending in connection with Itarhi Police Station Case No.191 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully co-operate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bonds of the petitioners.

(Birendra Kumar, J) abhishek/- U T