Manish Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18720 of 2016 Arising Out of PS.Case No. -562 Year- 2014 Thana -SAKRA District- MUZAFFARPUR ======================================================

1. Manish Kumar S/o Nand Kishore Thakur, R/o Village- Susta, P.S.- Sakra.

2. Manoj Thakur S/o Late Pawan Thakur R/o Village- Mahamadpur, Kanth, P.S- Sakra.

3. Nitesh Kumar S/o Ram Gyan Thakur, R/o Village- Repura, P.S. Sakra

4. Md. Salam @ Md. Salam Mian S/o Late Ainul Mian R/o Village- Mohamadpur Bujurg, P.S- Sakra.

5. Chulbul Singh @ Chulbul Kr. Singh S/o Bipin Thakur R/o Village- Harishankar Maniyari, P.S.- Maniyari All Petitioners District- Muzaffarpur.

6. Birendra Thakur S/o Sarikhan Thakur R/o Village- Mahmadpur, P.S.- Sakra.

All of District- Muzaffarpur.

.... .... Petitioners.

Versus

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

For the Petitioners : Mr. Jyotsna Rani Mishra, Advocate. For the Opposite Party : Mr. Anil Kumar(App) ====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN ORAL ORDER 12-05-2016 Heard learned counsel for the petitioners and learned counsel for the State.

The Petitioners apprehend their arrest in connection with Sakra P.S. Case No. 562 of 2014 registered for offences punishable under Sections 147,148, 149 341, 342, 332, 333,353, 283, 337, 323, 307,504,506 of the Indian Penal Code. It is contended on behalf of the petitioners that as per allegation they had purchased the land concerned but other side

Patna High Court Cr.Misc. No.18720 of 2016 (2) dt.12-05-2016 2/3 was not allowing to take possession thereof and due to that altercation took place for which first information report was lodged by them upon certain persons for not allowing the petitioners to take possession on their land and started firing also. Annexure-2 is the first information report lodged by the petitioners' side. Thereafter, a complain was made in the police station against the petitioners. It is contended therein that when possession could not be delivered to the petitioners with the help of the police administration, it has infuriated them and they had blocked the National Highway-28 causing annoyance to the public. It is contended on behalf of the petitioners that they are victim which should be apparent from the Annexure-2 and despite the purchase, they were not being allowed possession over the land. It is contended that antecedents of all the petitioners are clean.

Having regard to the facts and circumstances of the case, let the petitioners, namely, Manish Kumar, Manoj Thakur, Nitesh Kumar, Md. Salam @ Md. Salam Mian, Chulbul Singh @ Chulbul Kr. Singh and Birendra Thakur be released on bail in the event of arrest/surrender before the Court below within a period of six weeks from today in Sakra P.S. Case No. 562 of 2014, on furnishing bail bond of Rs. 10,000/- (Ten Thousand Rupees) each

Patna High Court Cr.Misc. No.18720 of 2016 (2) dt.12-05-2016 3/3 with two sureties of the like amount each to the satisfaction of Sub-Judge IV-cum-Addl. Chief Judicial Magistrate, Muzaffarpur subject to the conditions as laid down under sub-section (2) of Section 438 of the Code of criminal Procedure. (Dr. Ravi Ranjan, J.) ravi/- U T