Birendra Choudhary And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49690 of 2014 Arising Out of PS.Case No. -213 Year- 2014 Thana -DINARA District- SASARAM (ROHTAS) ====================================================== 1.Birendra Choudhary son of late Meghraj Choudhary
2. Sunil Dutta Choudhary son of late Meghraj Choudhary
3. Rajbali Choudhary son of late Deep Narayan Choudhary
4. Bharat Choudhary son of Bhagelu Choudhary
5. Shri Kawal Choudhary son of late Meghraj Choudhary All are resident of vill. Arthu P.S. Dinara, Dist. Rohtas. .... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party Appearance :
For the Petitioners : Mr. Rajani Kant Singh For the Opposite Party : Mr. Surendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 21-05-2015 Heard both sides.
Five Petitioners herein apprehend their arrest in connection with Dinara P.S. case no. 213 of 2014 instituted under Sections 188,353 and 506/34 of the IPC lodged by the Circle Officer, Dinara alleging that the petitioners have dug a pond on the Government land and thereby obstructed the flow of water in the 'Ahar'.
Counsel for the petitioners states that a proceeding under the Public Land Encroachment Act has also been initiated against some of the petitioners in which notices have been issued.
Patna High Court Cr.Misc. No.49690 of 2014 (3) dt.21-05-2015 2/3 Some of the petitioners herein claimed title and possession over the land inasmuch as they have rent receipts with respect to the subject land.
Regard being had to the above, let the petitioners, named above, in the event of their arrest/surrender before the learned Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate, Bikramganj Dist. Rohtas in connection with Dinara P.S. case no. 213 of 2014, subject to the condition as laid down under Section 438(2) of the Cr.P.C. with following conditions:- (i) One of the bailors in each case shall be the own/close family members of the petitioner.
(ii) As soon as the charges are framed the petitioners shall appear in person before the trial Court on the date(s) fixed at the trial. In case of default in such appearance on two consecutive dates, the trial Court shall have
Patna High Court Cr.Misc. No.49690 of 2014 (3) dt.21-05-2015 3/3 liberty to cancel the bail bonds of the petitioners and secure their arrest in accordance with law.
(Kishore Kumar Mandal, J) Shyam/- U T