Kapildev Sada And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43786 of 2018 Arising Out of PS.Case No. -138 Year- 2017 Thana -ALOULI District- KHAGARIA ======================================================

1. Kapildev Sada, S/o Late Rameshwar Sada,

2. Parmeshwar Mukhiya, S/o Late Chamaru Mukhiya Both resident of Village- Machara, P.S. Alauli, District- Khagaria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Indrajit Kumar For the Opposite Party/s : Mr. Ramchandra Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-07-2018 The petitioners are apprehending their arrest in connection with Alauli P.S. Case No. 138 of 2017, registered for offences punishable under Sections 147, 148, 149, 386, 435 of the Indian Penal Code and Section 27 of the Arms Act. Allegation as per F.I.R. is that the petitioners were demanding Rangdari from the informant and further they have set the farm on fire and there is also allegation that they have made indiscriminate firing.

It has been submitted on behalf of the petitioners that the land dispute is going between the parties. The land in dispute is in possession of the petitioners and the allegation of demand of Rangdari is ornamental and the petitioners have no criminal antecedens.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or

Patna High Court Cr.Misc. No.43786 of 2018 (3) dt.26-07-2018 2/2 surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M-I, Khagaria, in connection with Alauli P.S. Case No. 138 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/Amjad/- U