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Patna High CourtCR. MISC./33444/2017allowed

Mayanand Mishra And ORS v. The State Of Bihar

2017-11-28Mr. Justice Arvind Srivastava2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33444 of 2017 Arising Out of PS.Case No. -612 Year- 2016 Thana -ARARIA District- ARRARIA ======================================================

1. Mayanand Mishra Son of Late Krishnakant Mishra,

2. Rajanand Mishra, Son of Late Krishnakant Mishra,

3. Devanand Mishra, Son of Late Krishnakant Mishra,

4. Dilip Kumar Mishra, Son of Late Durganand Mishra,

5. Sujit Kumar Mishra, Son of Devanand Mishra, All Resident of Kharahiya Basti, Ward No. 10, P.O. & P.S.- Ararai, District- Araria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Prakash Kumar Samrendra Mr. Manager Sah Mr. Rahul For the Opposite Party/s : Mr. Yogesh Chandra Verma, Sr. Adv. Mr. Anil Prasad Singh Mr. Vijay Kishore Bharti.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 28-11-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend arrest in connection with Araria P.S. Case No. 612 of 2016 registered under Sections 420, 406, 467, 468, 471, 409 and 120B of the Indian Penal Code. Learned counsel appearing on behalf of the petitioners submits that the Complaint Case is lodged after lapse of five years of the alleged occurrence. This is a case of purely civil in nature. On perusal of Annexure nos. 2 to 4 to the application, it appears that the required land in question has been

Patna High Court Cr.Misc. No.33444 of 2017 (10) dt.28-11-2017 2/2 acquired in the year 1967-68 and the informant has already received the compensation amount from the Land Acquisition Office.

Having considered the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the C.J.M., Araria in connection with Araria P.S. Case No. 612 of 2016, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Arvind Srivastava, J) Shailendra/- U T