Chotan Kumar @ Uma Shankar Prasad @ Chhotan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29058 of 2018 Arising Out of PS. Case No.-979 Year-2017 Thana- BIHTA District- Patna ====================================================== CHOTAN KUMAR @ UMA SHANKAR PRASAD @ CHHOTAN KUMAR, S/O TULSI SINGH.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rajesh Kumar For the Opposite Party/s :

Mr. Sri Ram Bilash Roy Raman ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 10-05-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Bihta P.S. Case No. 979 of 2017 registered under Sections 188 and 379/34 of the Indian Penal Code.

The accusation is that petitioner along with Kameshwar Rai, Santlal Rai and Tejan Rai, wanted to take possession forcibly over the land of the informant. Therefore, informant gave an application at the Police Station, on which, None F.I.R. No. 29 of 2017 was instituted, for proceeding under Section 144 Cr.P.C., in which, notices were issued. In spite of receiving the notice, petitioners forcibly cut the paddy crops and made attempt to sowing the wheat crop.

Patna High Court Cr.Misc. No.29058 of 2018(2) dt.10-05-2018 2/2 Learned counsel for the petitioner submits that if the allegation, as detailed in the F.I.R., is taken to be true then the case would come in the preview of Section 188 of the Indian Penal Code, about disobedience of the order of the Executive Magistrate passed under Section 144 Cr.P.C. and not under Section 379 of the Indian Penal Code. The office under Section 188 of the Indian Penal Code is bailable in nature. Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the A.C.J.M.-II, Danapur, in connection with Bihta P.S. Case No. 979 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C. (Rajendra Kumar Mishra, J) Bhardwaj/- U T