Paras Das And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30622 of 2017 Arising Out of PS.Case No. -147 Year- 2017 Thana -MOTIHARI MUFASIL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Paras Das, son of Mahesh Das,

2. Baidhnath Paswan, son of Rijhan Paswan,

3. Rajbanshi Paswan, son of Rijhan Paswan,

4. Prabhu Das, son of Mahesh Das,

5. Raju Das, son of Mahesh Das, All are resident of Village- Dekha Kunjan Tola, Police Station- Motihari Muffasil, District- East Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Smt. Renuka Ratnakar ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 22-08-2017 Heard both sides.

The petitioners apprehend their arrest in Motihari Muffasil P.S. Case No. 147 of 2017 registered for the offences punishable under Sections 323, 341, 324 120B, 307, 384, 387, 380, 452, 354B, 436, 420, 109, 110, 111, 116 and 34 of the Indian Penal Code and under Section 17 C.L.A. Act.

The informant filed complaint case on the basis of which the present F.I.R. was lodged. The informant alleged that all the accused persons came on his newly constructed house and assaulted the informant and his family members and took away cash Rs. 30,000/- and the articles worth Rs. 70000/-.

Patna High Court Cr.Misc. No.30622 of 2017 (3) dt.22-08-2017 Learned counsel for the petitioners submits that there is land dispute between the two sides due to road. The informant blocked the road and some altercation took place. Nobody was injured. Even the circle officer provided information with regard to the disputed road which is shown in the land of the informant. Learned A.P.P. opposed the prayer for anticipatory bail.

Considering the facts aforesaid and that there is land dispute between the two sides, the petitioners claimed their right of ingress and egress on the disputed land on account of that some altercation took place, the above named petitioners 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 are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in Motihari Muffasil P.S. Case No. 147 of 2017 arising out of Complaint Case No. 2590 of 2016, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

Devendra/- (Prabhat Kumar Jha, J) U T