Amrendra Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47880 of 2021 Arising Out of PS. Case No.-23 Year-2021 Thana- KUMAR KHAND District- Madhepura ====================================================== 1.

AMRENDRA SAH Son of Annantlal sah Resident of Village - Khudra, P.S. Kumarkhand, District - Madhepura.

2.

Virendra Sah @ Birendra Sah Son of Annantlal Sah Resident of Village - Khudra, P.S. Kumarkhand, District - Madhepura. 3.

Mithilesh Sah @ Mithlesh Sah Son of Annantlal Sah Resident of Village - Khudra, P.S. Kumarkhand, District - Madhepura. 4.

Santosh Sah Son of Annantlal Sah Resident of Village - Khudra, P.S. Kumarkhand, District - Madhepura.

5.

Khatter Sah Son of Annantlal Sah Resident of Village - Khudra, P.S. Kumarkhand, District - Madhepura.

6.

Manish Sah Son of Annantlal Sah Resident of Village - Khudra, P.S. Kumarkhand, District - Madhepura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dinesh Prasad Verma For the Opposite Party/s :

Mr.Binod Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 21-12-2021 Heard learned counsel for the petitioners and the State. Learned counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of eight weeks.

The petitioners are apprehending their arrest in connection with Kumarkhand P.S. Case No. 23 of 2021 registered for the offence under Sections-188, 427, 353/34 of

Patna High Court CR. MISC. No.47880 of 2021(2) dt.21-12-2021 2/3 the Indian Penal Code and Section-2(ii)(2) of the Bihar Public Land Encroachment Act, 2012.

Allegedly, the accused persons made protest against the removal of encroachment from government land by authorities.

It has been submitted on behalf of the petitioners that there is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have been falsely implicated in the present case. As per the allegation, the petitioners made protest against the removal of encroachment from government land. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances of the case, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV,

Patna High Court CR. MISC. No.47880 of 2021(2) dt.21-12-2021 3/3 Madhepura in connection with Kumarkhand P.S. Case No. 23 of 2021, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T