Siyaram Singh And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.32800 of 2014 Arising Out of PS.Case No. -23 Year- 2012 Thana -BATH District- BHAGALPUR ======================================================
1. Siyaram Singh Son of Late Bhagawat Singh
2. Sanjay Kumar @ Sanjay Kumar Singh Son of Siyaram Singh Both are resident of village - Nayagaon, P.S. Bath District - Bhagalpur
3. Chaturi Tanti Son of Late Bado Tanti Resident of Village - Kumaitha, P.S. Bath District - Bhagalpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Yugal Kishore For the Opposite Party/s : Mr. Veena Kumari Jaiswal(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-02-2015 Heard learned counsel for the petitioners, the State as well as learned counsel for the informant.
The petitioners apprehend their arrest in connection with Bath P.S.case No. 23 of 2012 for the offences punishable under Sections 379 and 411/34 of the Indian Penal Code. The informant alleges that the petitioners cut the trees standing on his land.
Learned counsel for the petitioners submits that, in fact, the petitioners have committed no offence. There is bonafide land dispute. The police after investigation submitted final form stating that the dispute is of civil nature but on perusal of the case
Patna High Court Cr.Misc. No.32800 of 2014 (2) dt.02-02-2015 2/2 diary learned C.J.M. took cognizance.
Learned counsel for the informant opposes the prayer of anticipatory bail and submitted that there is no land dispute. They cut the trees standing inside the field of the informant. Having considered the fact that the police after investigation submitted final form stating the dispute to be of civil nature, let the above named petitioners, in the event of their arrest/surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, 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 learned Judicial Magistrate, 1st Class, Bhagalpur in Bath P.S.Case No. 23/2012,subject to the conditions as laid down u/s 438(2) Cr.P.C.
(Prabhat Kumar Jha, J) singh/- U