Mathura Bahardar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28464 of 2016 Arising Out of PS.Case No. -69 Year- 2016 Thana -FORBESGANJ District- ARRARIA ======================================================
1. Mathura Bahardar, S/o late Fakir Bahardar
2. Santosh Bahardar, S/o Sri Devilal Bahardar
3. Manoj Bahardar, S/o Sri Devilal Bahardar
4. Kanhaiya Bahardar, S/o Sri Devilal Bahardar
5. Ramwati Devi @ Rambati Devi, W/o Sri Devilal Bahardar
6. Rameshwar Bahardar, S/o late Shukal Bahardar
7. Sevilal Bahardar, S/o late Shukal Bahardar
8. Mangana Bahardar, S/o Sri Sekilal Bahardar
9. Mahendra Bahardar, S/o late Shukal Bahardar All residents of village- Rampur North, ward no. 10, P.S.- Forbisganj, District- Araria.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr.Bishwajeet Singh For the Opposite Party/s : Mr. Anil Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 28-07-2016 Heard Sri Bishwajeet Singh, learned counsel for the petitioners and Sri Anil Kumar Singh, learned Addl. Public Prosecutor.
Nine petitioners, apprehending their arrest in Forbisganj P.S. Case no.69/16 registered for the offence under Sections 147,148, 149, 341, 342, 324, 307, 380, 504, 508 of the Indian Penal Code, have prayed for grant of anticipatory bail. By way of referring to F.I.R. it was submitted by learned counsel for the petitioners that in view of land dispute,
Patna High Court Cr.Misc. No.28464 of 2016 (2) dt.28-07-2016 2/3 occurrence had taken place. It was free-fight between the parties. Even from the petitioners side, on the same day, an F.I.R. vide Forbisganj P.S. Case No.70/16 was registered for the offence under Sections 147, 148, 149, 341, 342, 323, 307, 354, 379, 380, 504, 506 of the Indian Penal Code. It has been argued that in the case, which was registered from the petitioners side, some of the accused persons have been granted anticipatory bail. Learned Addl. Public Prosecutor has opposed the prayer for anticipatory bail.
However, keeping in view the fact that there were case and counter case as well as the fact that land dispute between the parties are going on, besides it has been indicated that the petitioners are having clean antecedent, let the petitioners, namely, (i) Mathura Bahardar (ii) Santosh Bahardar (iii) Manoj Bahardar (iv) Kanhaiya Bahardar (v) Ramwati Devi @ Rambati Devi (vi) Rameshwar Bahardar (vii) Sevilal Bahardar (viii) Mangana Bahardar (ix) Mahendra Bahardar, in the event of their arrest or surrender within six weeks from today, be released 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 learned Chief Judicial Magistrate, Araria in connection with Forbisganj P.S. Case no.69/16, subject to conditions as laid down in Section
Patna High Court Cr.Misc. No.28464 of 2016 (2) dt.28-07-2016 3/3 438(2) of the Code of Criminal Procedure.
(Rakesh Kumar, J) NKS/- U