Makeshwar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21374 of 2016 Arising Out of PS.Case No. -47 Year- 2016 Thana -KUSHESHWARSTHAN DistrictDARBHANGA ====================================================== Makeshwar Yadav son of Late Dorik Yadav Resident of village Madhuban P.S. Kusheshwar Asthan, District, Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjit Kumar Yadav, Advocate For the Opposite Party/s : Mr. Nirmal Kr. Sinha (APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 04-08-2016 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner apprehends his arrest in connection with Kusheshwar Asthan P.S. Case No. 47 of 2016 registered for the offences punishable under Sections 347, 353, 434 of the Indian Penal Code.

The prosecution case, in brief, is that petitioner had encroached the public road which had earlier been cleared and marked in compliance of the order passed in Encroachment Case No. 6 of 2014-15. Police had removed the encroachment from the public road, but the petitioner again encroached the said road and also removed the demarcation made by the officials. It has been submitted by the counsel for the petitioner

Patna High Court Cr.Misc. No.21374 of 2016 (2) dt.04-08-2016 2/3 that petitioner is innocent and no offence under Sections 347 and 353 of the Indian Penal Code is made out against him and there is a title suit pending between the petitioner and one Raj Narain Poddar and others, bearing Title Suit No. 4 of 1996. He has also filed Cr. Misc. No. 6 of 2016 before the Collector, Darbhanga. He further submits that the matter relates to land dispute and petitioner has been falsely implicated.

However, learned A.P.P. for the State submits that the First Information Report has been lodged against the petitioner by the Circle Officer for obstructing the officials in discharging their duties, hence, opposes the prayer for bail.

Be that as it may, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of eight weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of like amount each to the satisfaction of learned SubDivisional Judicial Magistrate, Biraul, District Darbhanga in connection with Kusheshwar Asthan P.S. Case No. 47 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr. P.C.

However, it is made clear that the petitioner is involved in two more cases, as such, in future, if he is found to

Patna High Court Cr.Misc. No.21374 of 2016 (2) dt.04-08-2016 3/3 have indulged in similar nature of offence, learned Court below will be at liberty to cancel his bail bonds without being prejudiced by this order.

(Nilu Agrawal, J.) Arjun/- U T