← Library
Patna High CourtCR. MISC./12771/2017bail granted

Biri Paswan And ORS v. The State Of Bihar

2017-05-18Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12771 of 2017 Arising Out of PS.Case No. -143 Year- 2016 Thana -PATAHI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Biri Paswan, Son of Bainath Paswan.

2. Bipin Paswan Son of Mosihar Paswan.

3. Anil Paswan, Son of Biri Paswan.

4. Ramakant Paswan, Son of Bansi Paswan.

5. Santosh Kumar, Son of Bhikhar Paswan.

6. Ramadhar Paswan, Son of Bansi Paswan.

7. Sitaram Paswan, Son of Ramakant Paswan.

8. Chulhai Paswan, Son of Chhathu Paswan.

All residents of village Bikane Mishra Tola, Police Station Patahi, District-East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anwar Karim, Advocate. For the Opposite Party/s : Smt. Renuka Ratnakar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-05-2017 Heard both sides.

The petitioners apprehend their arrest in Patahi P. S. Case No. 143 of 2016 registered for the offences under Section 307 and other sections of the Indian Penal Code. The informant alleged that he purchased the land from one Raj Kishore Mishra and the informant and his family members are in possession of that land, but the petitioners and others came and assaulted the informant and tried to dispossess him from the land.

Leanred counsel for the petitioners submits that the

Patna High Court Cr.Misc. No.12771 of 2017 (3) dt.18-05-2017 2/2 petitioners are in possession of the land by virtue of Parcha issued by the Government of Bihar. No such occurrence as alleged by the informant has ever taken place. Considering the facts aforesaid and the fact that the injuries received by the informant are simple in nature and the alleged occurrence took place on account of land dispute, the above named petitioners, in the event of their arrest or surrender before the learned 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 learned Additional Chief Judicial Magistrate, East Champaran in Patahi P. S. Case No. 143 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Mishra/- U T