Dilip Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33803 of 2021 Arising Out of PS. Case No.-13 Year-2007 Thana- RAHIKA District- Madhubani ====================================================== DILIP SAH S/o- LATE MOTI SAH Resident of Mohalla- Ganj, Ward No.10, P.S.- Madhubani Town, District- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Subhash Kumar Jha, Advocate For the Opposite Party/s :

Mr. Akshay Lal Pandit, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 22-12-2021 Heard Mr. Subhash Kumar Jha, learned counsel for the petitioner and Mr. Akshay Lal Pandit, learned Additional Public Prosecutor appearing for the State. Petitioner seeks regular bail in connection with Nagar (Rahika) @ Rahika P.S. Case No. 13 of 2007 registered for the offence punishable under Section 306/34 of the Indian Penal Code 1860.

The allegation in nutshell is that the petitioner along with other accused persons grabbed the land of the informant by raising boundry wall and also threatened the husband and son of the informant, on account of which, the informant's husband started living in the house of Ex-MLA Ramchandra Yadav @ Netaji where he committed suicide.

Patna High Court CR. MISC. No.33803 of 2021(2) dt.22-12-2021 2/3 Learned counsel for the petitioner submits that the petitioner has not committed any offence in the manner alleged and he has been made accused along with 10 accused persons. Learned counsel further submits that there is a bona fide land dispute between the petitioner and the informant. He next submits that the petitioner is in custody since 3.2.2021 having no criminal antecedent and charge sheet has already been submitted.

Regards being had to the submission made by the parties and taking into consideration the materials on record, the fact that there is a bona fide land dispute between the parties, the husband of the informant has committed suicide and there is no prima facie evidence that the petitioner had instigated him in commission of the suicide, I am inclined to grant regular bail to the petitioner. Accordingly, let the petitioner, above named, be released on regular bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate 1st, Madhubani, in connection with Nagar (Rahika) @ Rahika P.S. Case No. 13 of 2007.

Patna High Court CR. MISC. No.33803 of 2021(2) dt.22-12-2021 3/3 It is made clear that at the time of furnishing bail bonds all the parties shall follow the guidelines regarding social distancing.

(Anil Kumar Sinha, J) S.Ali/- U T