Gobari Das And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28842 of 2017 Arising Out of PS.Case No. -61 Year- 2017 Thana -SHEOHAR District- SHEOHAR ======================================================
1. Gobari Das, Late Bigu Das
2. Sukeshwar Das, Son of Sri Gobari Das
3. Sudhan Das, Son of Sri Gobari Das, All are Resident of VillageVishanpur, Kishundeo, P.S.- Sheohar, District- Sheohar. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance:
For the Petitioner/s : Mr. Pawan Kumar, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar, APP. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 03-07-2017 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners seek bail in Sheohar P.S. Case No. 61 of 2017 registered under Sections 147, 148, 353, 357, 323 and 504 of the Indian Penal Code.
Budhan Das, his family members and other accused persons are said to have attacked the police personnel with lathi, rod, etc. over interruption by the police for construction of the house over disputed land.
It is submitted by learned counsel for the petitioners that the allegations levelled against the petitioners are not specific rather omnibus. A petition was preferred by father of the Budhan
Patna High Court Cr.Misc. No.28842 of 2017 (2) dt.03-07-2017 2/2 Das under Bihar Land Dispute Resolution Act, 2009 before Deputy Collector Land Reform, Sheohar and the application was allowed and in compliance of the order, land was measured and properly demarcated and handed over to Gobri Das, petitioner no.1, who happens to be the father of Budhan Das. Moreover, Budhan Das has already filed informatory application before the learned Chief Judicial Magistrate, Sheohar on 22.04.2017 prior to the institution of the present case. No one sustained injury in the occurrence. The petitioners have been languishing in custody since 24.04.2017.
Considering the facts aforesaid, the above named petitioners are directed to be enlarged 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 the learned Chief Judicial Magistrate, Sheohar in connection with Sheohar P.S. Case No. 61 of 2017.
(Prakash Chandra Jaiswal, J) Mishra/- U T