Ramdeo Ram And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13137 of 2017 Arising Out of PS.Case No. -82 Year- 2016 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Ramdeo Ram, Son of Bhul Ram,

2. Baghar Ram @ Bagar Ram, Son of Late Dhur Ram.

3. Nathu Das, Son of Late Shivnandan Das.

4. Sitaram Giri, Son of Suresh Giri.

5. Brahamdev Yadav, Son of Late Suryabali Yadav, All residents of Village- Belwa More, P.S.- Lauriya, District- West Champaran (Bettiah). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arbind Kumar Singh For the Opposite Party/s : Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 22-03-2017 Heard the parties.

The petitioners are apprehending their arrest in connection with Lauriya P.S. Case No. 82 of 2016 registered for offences punishable under Sections 341/323/379/504/34 of the Indian Penal Code.

The informant in his written report submitted before S.H.O. of Lauriya Police Station, has alleged that these petitioners and five others went in the orchard of the informant, assaulted his guard and plucked all Lichi and Mango fruits from his orchard. It has been further alleged that earlier also the accused persons used to obstruct him to cultivating his land.

The counsel for the petitioners submits that the allegation of assault is omnibus. The informant and his men are

Patna High Court Cr.Misc. No.13137 of 2017 (2) dt.22-03-2017 2/2 creating trouble in peaceful possession over his land. There is a bona fide land dispute between the parties, for which, two civil suits bearing Title Suit nos. 38 of 2016 and 51 of 2016 are pending between them. Learned A.P.P for the State and the counsel for the informant have opposed the submission of the petitioner. Considering the nature of allegation, facts and circumstances, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs.

10,000 (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate,-I, Bettiah, West Champaran in connection with Lauriya P.S. Case No. 82 of 2016, subject to the conditions as laid down under Section 438(2) Cr.P.C and in the event of violation of any condition or any overt act from the side of petitioners, the Court may proceed for cancellation of their bail.