Gopal Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4232 of 2018 Arising Out of PS.Case No. -205 Year- 2017 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Gopal Mahto, S/o Late Deoraj Mahto, resident of Village- Vishunpurwa, P.S.- Lauriya, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimlesh Kumar Pandey For the Opposite Party/s : Mr. Dr. Kumar Uday Pratap ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 01-02-2018 Heard the learned counsels for the petitioner and the State.

The petitioner seeks bail in anticipation of his arrest in connection with Lauriya P.S. Case No. 205 of 2017 dated 06.08.2017 instituted for the offences under Sections 341, 323, 384, 447, 426, 434, 120B, 506 and 34 of the Indian Penal Code. The informant has alleged that the petitioner and others always pressurized him to sell off his land at a cheaper rate. When this was not agreed to by the informant, he was threatened of dire consequences. On one particular day, when the informant had gone to see his land, he found that the pillars which were erected at the instance of local Panchayat after measurement of the land, was being demolished by the petitioner and others. When the

Patna High Court Cr.Misc. No.4232 of 2018 (2) dt.01-02-2018 informant protested, he was again threatened and the desire of the petitioner was reiterated that he wanted to purchase the land for construction of his house.

Learned counsel for the petitioner has submitted that the informant has not come up with correct set of facts. In fact, earlier also the petitioner had purchased a plot of land from the informant and the dispute continues from that date. Considering the nature of allegation against the petitioner, this Court is inclined to grant anticipatory bail to him. Let the petitioner above named, is directed to be released in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 205 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Ashutosh Kumar, J) KKSINHA/- U T