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Patna High CourtCR. MISC./50242/2022bail granted

Jitendra Sah v. The State Of Bihar

2023-01-16Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50242 of 2022 Arising Out of PS. Case No.-122 Year-2022 Thana- SHEOHAR District- Sheohar ====================================================== 1.

JITENDRA SAH Son of Late Ramvriksha Sah Resident of village - Mahuaria, P.S.- Sheohar, District - Sheohar.

2.

Ravindar Kumar @ Shyam Sah Son of Late Ramvriksha Sah Resident of village - Mahuaria, P.S.- Sheohar, District - Sheohar. 3.

Pintu Kumar @ Pintu Sah @ Pintu Prasad Son of Late Ramvriksha Sah Resident of village - Mahuaria, P.S.- Sheohar, District - Sheohar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pushpendra Kumar Singh For the Opposite Party/s :

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 16-01-2023 The learned counsel for the petitioners is directed to remove all the defects pointed out by the Stamp Reporter within one month.

At the outset, the learned counsel for the petitioners has submitted that during the pendency of this anticipatory bail petition, petitioner no. 3 has been arrested and, as such, it has become infructuous with respect to him. He, therefore, seeks permission to withdraw this petition with respect to him. In view of the aforesaid submission, this petition is dismissed as withdrawn with respect to petitioner no. 3. So far as petitioner nos. 1 and 2 are concerned, they apprehend their arrest in connection with Sheohar P.S. Case No. 122 of 2022, registered for the offences punishable under Sections 188 and 353 of the Indian Penal Code.

Patna High Court CR. MISC. No.50242 of 2022(2) dt.16-01-2023 2/2 As per allegation, the petitioners had re-occupied the land, which was already vacated by the administration. The learned counsel for the petitioners has submitted that the appeal in that respect is already been pending before the Collector, Sheohar which is yet to determined. Considering the above-mentioned facts and circumstances, let petitioner nos. 1 and 2 in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Sheohar in connection with Sheohar P.S. Case No. 122 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C.

Office shall ensure that all defects are removed by the petitioners within the stipulated time provided hereinabove, failing which the matter shall be brought to the notice of this Court.

(Nawneet Kumar Pandey, J) kundan/-Nirmal U T