Patna High CourtCR. MISC./9063/2016bail granted

Jamun Bahardar And ORS v. The State Of Bihar

2016-02-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9063 of 2016 Arising Out of PS.Case No. -684 Year- 2015 Thana -FORBESGANJ District- ARRARIA ======================================================

1. Jamun Bahardar son of late Andu Bahardar

2. Krityanand Bahardar @ Kirtanand Bahardar son of late Andu Bahardar

3. Ghanshyam Bahardar son of Jamun Bahardar

4. Soni Bahardar son of Jamun Bahardar

5. Shyam Bahardar son of Krityanand Bahardar

6. Mukesh Bahardar son of Rit Lal Bahardar All are residents of village - Rampur Uttar, Police Station - Forbesganj, District - Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Mukesh Kumar Rana For the Opposite Party/s : Mr. Uma Shankar Pd. Singh (App) CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-02-2016 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147,448,380,385,504 and 427 of the Indian Penal Code. The prosecution case is that on 20.10.2015 the accused persons came at the midnight on Plot No.551, Khata no. 1204 which is in possession of the informant and his brother, dismantled the pillors, demolished the house constructed under Indira Awas scheme and took away eleven thousand rupees and silver ornaments.

It is submitted by the learned counsel for the petitioners

Patna High Court Cr.Misc. No.9063 of 2016 (2) dt.26-02-2016 2/2 that for the occurrence of 20.10.2015 the FIR was registered in 29.11.2015. The petitioners side claim to have purchased the land in question from one Dukha Bahardar who is ancestor of the informant and now they are in possession, hence in the background of land dispute the accusation has been levelled. Statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the delayed lodging of the FIR, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Araria in connection with Forbesganj P.S. Case No. 684 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T