Patna High CourtCR. MISC./57493/2015bail granted

Lalan Upadhayay And ORS. v. The State Of Bihar

2016-01-05Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57493 of 2015 Arising Out of PS.Case No. -313 Year- 2015 Thana -MEERGANJ District- GOPALGANJ ======================================================

1. Lalan Upadhayay Son of Late Nathu Upadhayay

2. Jitendra Upadhayay Son of Lalan Upadhayay

3. Tuntun Upadhayay Son of Late Jhuli Upadhayay

4. Ashutosh Upadhayay @ Ashutosh Kumar Upadhayay S/o Tuntun Upadhayay All are Residents of Village- Dhayanihata, P.S. Mirganj, District- Gopalganj .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhramveer For the Opposite Party/s : Mr. Tarun Pd.Mandal(App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-01-2016 Heard learned counsel for the petitioners and the State. The petitioners are apprehending their arrest in connection with Mirganj P.S.Case No. 313/2015 instituted under Sections 147, 148, 149, 323, 324, 307, 379 and 504 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners and the informant are close agnates and there was litigation between them regarding ploughing the land belonging to the petitioners. He further submits that there was some litigation which led to free fight resulting injuries on both the sides. Learned counsel for the petitioners further submits that the

Patna High Court Cr.Misc. No.57493 of 2015 (2) dt.05-01-2016 2/2 petitioners side has also sustained severe injury, which stands justified by Annexure 3 series.

Considering the nature of allegation and that the petitioners and the informant are close agnates having land dispute, let the above named petitioners, in the event of their arrest or surrender in the court below within a period of four weeks, 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 C.J.M., Gopalganj in connection with Migranj P.S.Case No. 313 of 2015, subject to the conditions as laid down u/s 438(2) Cr.P.C.

(Anjana Mishra, J) singh/- U T