Dadan Pandey And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47185 of 2017 Arising Out of PS. Case No.-234 Year-2013 Thana- PIPRA District- East Champaran ====================================================== 1.

Dadan Pandey, Son of Late Birendra Nath Pandey, 2.

Madan Pandey Son of Late Birendra Nath Pandey, Both R/o Village- Bediban- Madhubani, P.S.- Pipra, District- East Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma For the Opposite Party/s :

Mr. SRI TARUN PRASAD MANDAL ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 06-10-2017 Learned counsel for the petitioners submits that during pendency of this application, petitioner no. 1 has been arrested. In view of the above, the application stands dismissed as infructuous as against petitioner no. 1.

Heard learned counsels for the petitioner and the State. Petitioner apprehends arrest in connection with Pipra P.S. Case No. 234 of 2013 registered for the offence punishable under sections 406, 420, 467, 468, 471, 120B, 323, 504, 506, 387/34 of the Indian Penal Code.

Learned counsel appearing for the petitioner submits that there is admitted land dispute between the parties for which Title Suit No. 441 of 2010 & Misc. Appeal No. 19 of 2012 is pending between the parties. The dispute is purely civil in

Patna High Court Cr.Misc. No.47185 of 2017(2) dt.06-10-2017 2/2 nature.

Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioner no.2, above named, in the event of arrest or surrender within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Motihari, East Champaran in connection with Pipra P.S. Case No. 234 of 2013 subject to the conditions laid down under section 438(2) Cr.P.C.

(Arvind Srivastava, J) mcv/- U T