Shanker Sao @ Shankar Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8331 of 2021 Arising Out of PS. Case No.-321 Year-2020 Thana- DIGHA District- Patna ====================================================== 1.

Shanker Sao @ Shankar Kumar Gupta Son Of Shambhu Sao Resident Of Digha Hat, Post Office Road, Ps- Digha, District-Patna 2.

Dablu Sao @ Bablu Kumar Son Of Late Umesh Rao Resident Of Digha Hat, Post Office Road, Ps- Digha, District-Patna ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nawal Kishore Prasad For the Opposite Party/s :

Mr.A.G.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioner is directed to remove the defects, as pointed out by the Office, within a period of eight weeks.

The petitioners are apprehending their arrest in a case registered under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code.

The prosecution case in short is that the accused persons encroached upon the government land.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners

Patna High Court CR. MISC. No.8331 of 2021(2) dt.01-12-2021 2/2 have been made accused due to mistake of fact. Learned counsel for the petitioners undertakes that if it is found that the petitioners have encroached upon the land of the Housing Board, the petitioners will be removing the same. The land of the petitioners and the land of the Housing Board are having a common boundary wall. The petitioners had no intention to encroach upon the land of the Housing Board. On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Patna in connection with Digha P.S. Case No. 321 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T