Dilip Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.17051 of 2016 Arising Out of PS.Case No. -5 Year- 2016 Thana -ARWAL District- JEHANABAD ======================================================
1. Dilip Kumar, S/o Rajaram Mahto
2. Manoj Kumar S/o Rajaram Mahto
3. Chunnu Kumar @ Chunnu Kumari son of Rajaram Mahto
4. Rajaram Mahto son of Late Rital Singh, All resident of village-Pakharpur, P.S.-Arwal, Dist-Arwal. .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Abhay Kr.Roy (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 26-04-2016 Heard the counsel for the petitioners and APP for the State.
The petitioners herein seek anticipatory bail in Arwal P.S. Case No. 05 of 2016, punishable under Sections 147, 148, 149, 458 and 380 of the Indian Penal Code and Section 27 of the Arms Act.
It is alleged that in the mid night, the four petitioners who are cited accused in the FIR along with 10-15 persons entered into the house of the informant searching her husband for assault. It is further alleged that they committed theft of cash and other belongings and opened firing in order to scare. Contention of the petitioners is that there is land
Patna High Court Cr.Misc. No.17051 of 2016 (2) dt.26-04-2016 2/2 dispute between the parties. The informant side had lodged Section 144 of the Cr.P.C proceeding and in revenge the case is filed with concocted allegations.
The APP for the State opposed the prayer and placed the FIR in order to submit that in a dare devil manner the occurrence was committed by the accused persons. The land dispute may be a motive to commit the crime.
Having regard to the materials available on record, I am not persuaded to extend the privilege of anticipatory bail. The prayer is rejected.
The petitioners may surrender and seek regular bail. (Kishore Kumar Mandal, J) rohit/- U T