← Library
Patna High CourtCR. MISC./80285/2018disposed

Raushan Kumar And ANR v. The State Of Bihar

2019-03-06Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80285 of 2018 Arising Out of PS. Case No.-422 Year-2018 Thana- SHASTRINAGAR District- Patna ====================================================== 1.

Raushan Kumar 2.

Sunny Kumar, Both sons of Surendra Prasad R/o Mohalla- Mohanpur, Punaichak, P.S.- Shastrinagar, Distt- Patna.

... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Ghanshyam Prasad, son of Sri Ram Chandra Prasad, resident of MohallaMohanpur, Punaichak, P.S.- L.B.S.Nagar, present Inspector, CISF Unit, NTPC, Kaniha, CISF No.

994050061 ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajiv Ranjan Kr. Pandey For the Opposite Party/s :

Mr.Sri Sanjay Kumar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-03-2019 The petitioners apprehend their arrest in connection with Shastri Nagar P.S.Case No. 422 of 2018 registered under Sections 147, 323,341,420,504 and 120B of the Indian penal Code.

Allegation as per the FIR is that land of the informant was grabbed by one Surendra Prasad and he and his sons (petitioners) abused and assaulted the informant. Submission of learned counsel for the petitioners is that they have falsely been implicated in this case and the land belongs to the petitioners.

On the other hand, it has been submitted on behalf of the

Patna High Court CR. MISC. No.80285 of 2018(3) dt.06-03-2019 2/2 informant that petitioners are claiming title over the land as well as the house on the basis of Khista papers though the land and house belong to the informant.

Heard learned APP also.

Having heard both sides and in view of allegation which appears to be a case of land dispute between the parties, in such view of the matter, let petitioners, abovenamed, surrender before the court below within a period of six weeks from the date of receipt of a copy of this order, on their surrender, provisional bail granted to them, vide order dated 23.01.2019, shall be confirmed; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sujit/- U T