Harendra Mahto @ Harendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47305 of 2019 Arising Out of PS. Case No.-456 Year-2018 Thana- BAIRIYA District- West Champaran ====================================================== Harendra Mahto @ Harendra Prasad Son of Ghughali Mahto Resident of Village - Tathawa Nand Pur, P.S.- Bairiya, District - West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ashok Kumar Gupta For the Opposite Party/s :

Mr.Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-08-2019 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner seeks bail in Bairiya P.S. Case NO. 456/2018, instituted for offence under Section(s) 436/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that there is land dispute between the parties. Petitioner had filed Case No. 19/18-19 under the Bihar Land Dispute Grievances and Redressal Act before the DCLR, Bettiah Sadar, West Champaran. The DCLR after hearing the parties came to the conclusion that informant being encroacher of the land of petitioner which was settled in favour of petitioner vide order dated 18.01.2019 passed in Settlement Case No. 21/2000-01 and directed the informant to remove the encroachment from the

Patna High Court CR. MISC. No.47305 of 2019(2) dt.05-08-2019 2/3 land of petitioner. Photo copy of aforesaid order is annexed as Annexure-2. The instant case has been filed by the informant only to harass the petitioner.

It is alleged in the written report that on the date of occurrence petitioner along with other accused persons put the hut of informant on fire due to which five bags wheat, 12 bags paddy and other articles were burnt. It is alleged that a she goat was also burnt in fire.

In this manner, there is general and omnibus allegation against this petitioner.

Petitioner is in custody since 01.03.2019.

Considering the aforesaid facts and circumstances, prayer of the petitioner for grant of bail is allowed. Let the petitioner, above named, 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 the learned Additional Chief Judicial Magistrate 1st, West Champaran, Bettiah, in connection with Bairiya P.S. Case NO. 456/2018, subject to the conditions that both the bailors shall be the close relative of the petitioner.

(Sanjay Priya, J) rakhi/-

Patna High Court CR. MISC. No.47305 of 2019(2) dt.05-08-2019 3/3 U T