Mahesh Pandey And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47105 of 2015 Arising Out of PS.Case No. -35 Year- 2015 Thana -SC/ST PS District- GOPALGANJ ======================================================

1. Mahesh Pandey Son of late Gharbharan Pandey

2. Sheo Sakti Pandey@ Shiv shankar Pandey Son of Mahesh Pandey

3. Rameshwar Pandey Son of Narbada Pandey

4. Rajanish Pandey Son of Rameshwar Pandey

5. Pankaj Pandey Son of Aata Pandey

6. Jata Pandey@Aata Pandey@Aata son of Sarvada Pandey

7. Vikash Pandey son of Mahesh Pandey

8. Arjun Pandey son of Narvada Pandey All Resident of Village: Chitu tola, P.s Thawe District Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ghulam Rabbani For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 27-01-2016 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Gopalganj SC/ST P.S. Case No. 35 of 2015 registered under Sections 147, 323, 452, 379 of the Indian Penal Code and 3 (i) (iv) (v) (x) (xi) of S.C./S.T. (prevention of atrocities) Act. The informant alleged that he belongs to schedule caste and he is also member of committee of Thawe Temple and used to worship in the temple. The petitioners and others F.I.R. named accused who are Pandas of the temple wanted to grab the land of the informant. Due to that reasons, earlier occurrence of

Patna High Court Cr.Misc. No.47105 of 2015 (3) dt.27-01-2016 2/2 Mar-Pit took place. On 04.04.2015, petitioners and others came at the door of the informant with lathi and stick and started to abuse. When the informant made protest, he was assaulted by them and at that time, they took away cash Rs. 15000/- from his pocket and also snatched silver chain.

Learned counsel appearing on behalf of the petitioners submits that admittedly the house of petitioner is in front of the house of the informant. There is land dispute in between the parties, regarding which proceeding under Section 107 of the Cr. P.C. was initiated, which is ended in favour of the petitioners and only to grab the disputed land, the informant has lodged the Complaint Case against the petitioners, which is the basis of F.I.R.

Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four 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 C.J.M., Gopalganj in connection with Gopalganj SC/ST P.S. Case No. 35 of 2015, subject to the condition as laid down under Section 438(2) of the Cr. P.C. Shail/- (Rajendra Kumar Mishra, J) U T