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Patna High CourtCR. MISC./40923/2016bail granted

Ajay Singh @ Ajay Kumar Singh v. The State Of Bihar

2016-10-05Mr. Justice Mungeshwar Sahoo2 pages

Patna High Court Cr.Misc. No.40923 of 2016 (3) dt.05-10-2016

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40923 of 2016 Arising Out of PS.Case No. -36 Year- 2016 Thana -KHAZANIHAT District- PURNIA ======================================================

1. Ajay Singh @ Ajay Kumar Singh Son of Sri Fuleshwar Singh R/o village - Paigpar, P.S. Bhargama, District - Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Bidhu Ranjan For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE MUNGESHWAR SAHOO ORAL ORDER 05-10-2016 Heard learned counsel for the petitioner and learned counsel A.P.P. for the State.

2.

The petitioner, Ajay Singh @ Ajay Kumar Singh, apprehends his arrest in Khanjanchi Hat (Madhubani) P.S. Case No. 36 of 2016 under Sections 447, 379, 384, 427, 120B and 506/34 of the Indian Penal Code.

3.

According to the prosecution case, the petitioner and co-accused cut away the bamboo from the land of the informant. 4.

According to the learned counsel for the petitioner, the land has already been purchased by this petitioner in the name of his wife and from that portion, he has cut the bamboo. Therefore, it is a pure civil dispute.

5.

From perusal of the application, it appears that the

Patna High Court Cr.Misc. No.40923 of 2016 (3) dt.05-10-2016 petitioner has annexed sale deed from which, prima facie, appears that the portion of the plot has been purchased by the wife of this petitioner. The allegation is that the petitioner cut the bamboo from the portion of the land of the informant whereas according to the petitioner, he cut the bamboo from the land, which has been purchased by his wife.

6.

Considering the above facts and circumstances of the case, I direct the petitioner, above named, to surrender before the court below within one month from today and on his surrendering before the court below, the court below shall release the petitioner on bail on furnishing bail bond of Rs. 10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned C.J.M., Purnea in connection with K. Hat (Madhubani) P.S. Case No. 36 of 2016 subject to the condition as laid down under Section 438(2) Cr.P.C.

Brajesh/- (Mungeshwar Sahoo, J) U T