Manoj Mehta And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.70926 of 2018 Arising Out of PS. Case No.-169 Year-2018 Thana- BIHARIGANJ District- Madhepura ======================================================

1. Manoj Mehta, S/o- Arjun Mehta,

2. Arjun Mehta, S/o- Late Bala Mehta,

3. Nithish Kumar, S/o- Manoj Mehta,

4. Jyothish Kumar, S/o- Manoj Mehta,

5. Geeta Devi @ Reeta Devi, W/o- Manoj Mehta, All are Resident of Village- Rahua, P.S. Bihariganj, DistrictMadhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nafisuzzoha, Adv.

For the Opposite Party/s :

Smt Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-12-2018 Heard learned Counsel for the petitioners and learned APP for the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 323/341/379/436/504/506/34 of the Indian Penal Code. The prosecution case got initiated on the basis of written report submitted by one Shanti Bharti to the Station House Officer,Bihariganj, Madhepura Police Station to the effect that on 14.07.2018 at 10.00 A.M. there was a panchayat going on with regard to dispute in connection with a piece of land purchased in the name of husband of the informant and his two brothers, but the accused persons on the decision of the panches

Patna High Court Cr.Misc. No.70926 of 2018(2) dt.18-12-2018 2/3 got furious and robbed the household articles and put the informant's house on fire and assaulted the informant. It is submitted by learned counsel for the petitioners that the accusation is omnibus and general. The accusation of putting the house of the informant on fire is also omnibus and general. There is a counter version of the occurrence, being Bihariganj P.S. Case No. 168 of 2018, registered on behalf of the petitioners against the informant's side. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

It is submitted by learned APP for the State that the petitioners are named in the FIR.

Considering the accusation levelled in the background of land dispute, there is a counter version of the occurrence, coupled with statement made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent, 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 12 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 the learned Judicial Magistrate, 1st Class, Udakishunganj at Madhepura, in

Patna High Court Cr.Misc. No.70926 of 2018(2) dt.18-12-2018 3/3 connection with Bihariganj P.S. Case No.169 of 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Dinesh Kumar Singh, J) Ashwini/- U T