Ram Bilash Muni And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12734 of 2018 Arising Out of PS.Case No. -185 Year- 2017 Thana -RUPAULI District- PURNIA ======================================================
1. Ram Bilash Muni, Son of Late Jhanaklal Muni,
2. Birendra Muni,
3. Surendra Muni,
4. Dharmendra Muni @ Dharmendra Kumar Muni,
5. Amrendra Muni,
6. Devendra Muni @ Dharmendra Kumari Muni, All sons of Ram Bilash Muni,
7. Balkrishna Muni, Son of Late Jhanaklal Muni,
8. Pankaj Muni,
9. Dipak Muni @ Dipak Kumar Muni, Both sons of Balkrishna Muni,
10. Ratan Muni, Son of Late Veso Muni,
11. Amsita Devi @ Asmita Devi, Wife of Birendra Muni,
12. Daimuni Devi, Wife of Ram Bilash Muni,
13. Ambika Devi, Wife of Balkrishna Muni,
14. Meena Devi, Wife of Surendra Muni, All are resident of Village- Anandpur Bahuti, P.S.- Rupauli (Mohanpur), District- Purnea.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijendra Kumar Singh, Advocate. For the Opposite Party/s : Mr. Narsingh Tanti, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-03-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Rupauli (Mohanpur) P.S. Case No. 185 of 2017 instituted for the offence under Sections 147, 148, 149, 341, 323, 387, 427, 447, 327, 504 and 506 of the Indian Penal Code.
Patna High Court Cr.Misc. No.12734 of 2018 (2) dt.09-03-2018 2/3 In the written report there is general and omnibus allegation against the petitioners that they forcibly constructed cow shed over the land and on protest, they gave threat to kill the informant. It is also mentioned in the written report that the accused persons were performing last rites of a dead body over the land in question.
It has been submitted on behalf of the petitioners that there is land dispute between the parties. It has further been submitted that informant has filed case No. 211/2013-2013 under Bihar Land Redressal Act before the LRDC, Dhamdaha, on 8.10.2013 against the petitioner and others in which the learned LRDC has passed order that the said land is Raiyati land and civil remedy is available before the competent Forum. In such manner, there is land dispute between the parties.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Rupouli (Mohanpur) P.S. Case No. 185 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of
Patna High Court Cr.Misc. No.12734 of 2018 (2) dt.09-03-2018 3/3 learned Additional Chief Judicial Magistrate-1st, Purena, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.
(Sanjay Priya, J) S.Ali/- U T