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Patna High CourtCR. MISC./71246/2018allowed

Narayan Das v. The State Of Bihar

2018-12-17Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.71246 of 2018 Arising Out of PS. Case No.-417 Year-2017 Thana- SARAIYA District- Muzaffarpur ====================================================== Narayan Das, son of Late Jagdish Das, Resident of Village- Chachaha, P.S.- Saraiya, District- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Ranjan For the Opposite Party/s :

Smt. Nirmala Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.

The petitioner is apprehending his arrest in connection with Saraiya P.S. Case No. 417 of 2017 for the offence under Sections 147, 341, 323, 324, 307, 427, 379, 504, 506 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner submits that the petitioner has no criminal antecedents, on account of land dispute there is case and counter case in between the parties. In the instant case seven persons are named and one dozen unknown are made accused. The learned counsel for the petitioner submits that there is general and omnibus allegation against these petitioners and there is no specific allegation of any assault causing injury to the informant side.

Patna High Court Cr.Misc. No.71246 of 2018(2) dt.17-12-2018 2/2 Considering the fact that there is land dispute and in this regard case and counter case are pending in between the parties and no specific allegation of assault against this petitioner, let the petitioner above named, in the event of arrest or surrender within one month from today, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Court of learned Additional Chief Judicial Magistrate, 1st, West Muzaffarpur, in connection with Saraiya P.S. Case No. 417 of 2017, subject to the conditions as laid down under Section 438 Cr.P.C.

(Anil Kumar Upadhyay, J) T.Kr./Rashid U T