Madan Lal Das And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53385 of 2017 Arising Out of P.S.Case No. -150 Year- 2017 Thana -CHHATAPUR District- SUPAUL ======================================================

1. Madan Lal Das,

2. Gentil Kumar Das @ Gentle Das,

3. Santosh Kumar @ Santosh Das,

4. Satish Das,

5. Pintu Kumar Das @ Pintu Das,

6. Raju Kumar @ Raju Das &

7. Mina Devi .... .... Petitioners

Versus

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

For the Petitioners : Mr. Nafisuzzoha, Advocate For the Opposite Party : Mr. Smt. Veena Kumari Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 13-11-2017 Heard.

2. The petitioners apprehend arrest in connection with Chhatapur (Rajeshwari O.P.) P.S.Case No.150 of 2017 registered for an offence under Sections 341, 323, 324, 307, 379 and 354/34 of the IPC.

3. The allegation is that altogether seven persons who are petitioners before this Court assaulted the informant, her husband and other family members and also snatched an amount of Rs.15,000/- from the possession of her husband.

4. Learned counsel for the petitioners submits that there is bonafide land dispute between the parties. The informant and his family members are claiming land which is in peaceful possession of the petitioners. The informant and his men

Patna High Court Cr.Misc. No.53385 of 2017 (2) dt.13-11-2017 2/2 attempted to take forceful possession whereafter occurrence of assault took place. A police case vide Chhatapur P.S.Case No.149 of 2017 was registered on the written report of petitioner no.1 against the husband and family members of the informant. The injuries allegedly sustained by her husband are simple in nature which is apparent from the impugned order. There is bonafide land dispute between the parties and so the petitioners deserve anticipatory bail.

5. The learned APP opposed the submissions.

6. Considering the simple nature of injury, case and counter case between the parties and also fact that none of the petitioners have any antecedent, their prayer for anticipatory bail is allowed. Let the above named petitioners the event of their arrest or surrender before the court below within six weeks from today be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of ACJM-IV, Supaul in connection with Chhatapur (Rajeshwari O.P.) P.S.Case No.150 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Sanjay Kumar, J) B.Kr./- U T