Amar Khirhari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77358 of 2018 Arising Out of PS. Case No.-272 Year-2018 Thana- KHARHAGPUR District- Munger ====================================================== Amar Khirhari Son of Ganesh Khirhari Resident of Village-Pachchim Azimganj,Bhaiyaram Toli,P.S. Kharogpur,Distt.-Munger ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Kamal Kishore Jha For the Opposite Party/s :

Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 12-04-2019 This is an application for grant of anticipatory bail in connection with Kharagpur P.S. Case No. 272 of 2018, disclosing offences under Sections 341, 323, 386, 447, 427, 504, 506, 34 of the Indian Penal Code.

Allegation as per F.I.R. against the petitioner is that he came over the purchased land of the informant along with several other accused persons and started damaging the same and on protest by the informant, the petitioner demanded Rs.10,00,000/- as Rangdari and on the point of pistol taken away Rs.5,000/- and thereafter damaged the house of the informant also. It further appears that the petitioner is accused in four other cases.

Submission of learned counsel for the petitioner is that as a matter of fact Jamabandi in the name of the informant

Patna High Court CR. MISC. No.77358 of 2018(3) dt.12-04-2019 2/2 was cancelled by the Circle Officer on the petition filed by the other co-relative of the petitioner and for that the petitioner has falsely been implicated in this case and also there is land dispute between the parties.

Heard learned A.P.P. also, who opposed the prayer for anticipatory bail of the petitioner on the ground that there is allegation of demanding Rangdari against the petitioner and also he has accused in four other cases.

Having heard both sides, in view of the facts and circumstances of the case as stated above, I am not inclined to grant anticipatory bail to the petitioner, rather he should surrender and make prayer for regular bail and showing that he also belongs to the family of Bindo Khirhari and also considering the aforesaid fact and other allegations on record and the learned court below shall pass an appropriate order without being prejudiced by order of this Court, if possible, to be disposed of on the same day.

Accordingly, this application is disposed of. (Vinod Kumar Sinha, J) Amjad/- U T