Patna High CourtCR. MISC./16317/2017bail granted

Suraj Mahto And ORS v. The State Of Bihar

2017-05-02Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16317 of 2017 Arising Out of PS.Case No. -207 Year- 2016 Thana -UJIYARPUR District- SAMASTIPUR ======================================================

1. Suraj Mahto Son of Sonelal Mahto

2. Saryug Mahto Son of Raudi Mahto

3. Ajay Kumar Son of Late Dukh Haran Mahto All are Resident of VillageBaikunthpur, Brahanda, Tola- Tara, Post Office- Ghataho, Police StationUjiyarpur, District- Samastipur. .... .... Petitioners

Versus

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

For the Petitioners : Mr. Kundan Kumar, Advocate.

For the Opposite Party : Mr. Pawan Kumar Chaurasiya, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-05-2017 Heard both sides.

The petitioners apprehend their arrest in Ujiyarpur P.S. Case No. 207 of 2016 registered for the offences punishable under Sections 448, 427, 353, 504, 506 and 34 of the Indian Penal Code. The Mukhiya of Gram Panchayat, Baikunthpur, Brahanda alleged that the petitioners damaged the road constructed under MANREGA scheme and sowed potato in the field.

Learned counsel for the petitioners submits that no road was constructed. The Mukhiya and Ram Pravesh Mahto filed Title Suit No. 39 of 2016, against the petitioners which is pending in the court of Sub-Judge, Dalsingh Sarai. The petitioners are owner of the land and the Mukhiya wanted to forcibly construct road over

Patna High Court Cr.Misc. No.16317 of 2017 (2) dt.02-05-2017 2/2 the lands of the petitioners that is why this false case has been lodged.

Considering the facts aforesaid and the nature of allegations made against the petitioners, the petitioners above named, in the event of their 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, are directed to be enlarged on bail 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, Dalsinghsarai, Samastipur in Ujiyarpur P.S. Case No. 207 of 2016, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J.) KKSINHA/- U T