Dila Sahani And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.34774 of 2014 Arising Out of PS.Case No. -71 Year- 2014 Thana -HATHAURI District- MUZAFFARPUR ======================================================
1. Dila Sahani son of Late Gonour Sahani
2. Majhi Sahani, son of Late Gonour Sahani
3. Nokhelal Sahani Son of Late Dhanraj Sahani
4. Chandradeo Sahani Son of Late Dhanraj Sahani
5. Upendra Sahani Son of Late Dhanraj Sahani
6. Vijay Sahani Son of Late Bindeshwar Sahani
7. Lal Babu Sahani son of Nokhelal Sahani
8. Bihari Sahani son of Majhi Sahani
9. Ajay Sahani son of Chandradeo Sahani
10. Sukhdeo Sahani Son of Majhi Sahani All resident of Village- Baluahan, P.S.- Hathauri, District- Muzaffarpur .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate. For the Opposite Party/s : Mr. Satyendra Prasad (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 18-02-2015 Heard both sides.
The petitioners, ten in number, apprehend their arrest in a case registered under Section 307 and other sections of the Indian Penal Code and Section 27 of the Arms Act. The informant alleged that the accused persons had forcibly taken possession of 1 acre 54 decimals of land in 2006. The accused persons filed Partition Suit No. 33/2014 and the same was dismissed on 30.04.2014. It is alleged that on 08.06.2014, all the accused persons assaulted the complainant and others.
Patna High Court Cr.Misc. No.34774 of 2014 (2) dt.18-02-2015 2/2 It appears that the informant filed a complaint petition, but no injury report is brought on record. There is a land dispute between the parties and the partition appeal is still pending.
Considering the facts aforesaid, the above named petitioners, in the event of their arrest or surrender before the learned court below within a period of four weeks from the date of receipt / production of a copy of this order, are directed to be enlarged on bail on furnishing bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Sri Deepanshu Srivastava, Judicial Magistrate, 1st Class, Muzaffarpur in Hathauri P.S. Case No. 71/2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Dilip/- U T