Patna High CourtCR. MISC./52633/2017bail granted

Kishori Sah And ORS v. The State Of Bihar

2017-11-10Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52633 of 2017 Arising Out of PS.Case No. -92 Year- 2017 Thana -LADANIA District- MADHUBANI ======================================================

1. Kishori Sah, Son of Ramashish Sah,

2. Shibo Devi, Wife of Baiju Sah,

3. Ranjeeta Devi @ Ranjeeta Kumari, Daughter of Baiju Sah, All resident of Village- Ladaniya, P.S.- Ladaniya, District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Md. Nazir Ansari, Advocate For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 10-11-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147/341/323/352/353/504/306/309 of the Indian Penal Code. Allegation is that the petitioners had dispossessed the landholder in possession. The informant Circle Officer had gone to restore the possession and the petitioners allegedly abused and misbehaved with the informant. Submission of the learned counsel for the petitioners is that there was no decree for restoration of possession and Circle Officer is not a competent person to restore the same.

Patna High Court Cr.Misc. No.52633 of 2017 (2) dt.10-11-2017 P2/ Considering the aforesaid fact, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Ladaniya Police Station Case No. 92 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioners. (Birendra Kumar, J) Mkr./- U T