Vasudeo Sah And ANR v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No. 53790 of 2016 Arising out of PS.Case No. -122 Year- 2016 Thana -SAHARSA COMPLAINT CASE DistrictSAHARSA ======================================================
1. Vasudeo Sah, Son of Late Jamun Sah,
2. Wakil Sah, Son of Vasudeo Sah Both residents of Mohalla Azad Nagar Ganj, P.S. - Bakhtiyarpur, District Saharsa .... .... Petitioners
Versus
1. The State of Bihar
2. Virendra Kumar, Son of Late Ramji Prasad, resident of Village + P.O. - Simri Bakhtiyarpur, P.S. - Bakhtiyarpur, District - Saharsa .... .... Opposite Parties ====================================================== Appearance :
For the Petitioners : Mr. Sada Nand Roy, Advocate For the Opposite Parties : Mr. Ram Sumiran Roy, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 02-03-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 420, 467, 468 and 504/120B of the Indian Penal Code.
Allegation is that the petitioners forcefully damaged the boundary wall of the complainant claiming that the land belongs to the petitioners.
Submission of the petitioners is that, in fact, there is bona fide land dispute, rather bona fide claim of the petitioners over the referred land as the same is recorded in the name of Late Ramu Sah, the grand-father of petitioner no. 1 Vasudeo Sah in the
Patna High Court Cr.Misc. No.53790 of 2016 (5) dt.02-03-2017 2/2 survey records. After death of Ramu Sah, the same has been mutated in the name of Jamun Sah, the father of the petitioner no.1.
Considering the facts aforesaid, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saharsa/Successor Court in connection with Complaint Case No. 122 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. Kundan (Birendra Kumar, J) U T