Bhairo Pandey And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7198 of 2018 Arising Out of PS.Case No. -353 Year- 2016 Thana -CHAPRA MUFFASIL District- SARAN ======================================================

1. Bhairo Pandey, S/o Late Sahdul Pandey,

2. Gajendra Pandey @ Gajendra Kumar Pandey, S/o Bhairo Pandey,

3. Devendra Pandey @ Devend Pandey S/o Bhairo Pandey,

4. Akshwar Pandey @ Akshaybar Pandey S/o Bhairo Pandey, All above are R/o Mahto Musehari, P.S.- Chapra Muffasil, District- Saran at Chapra.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Radha Mohan Singh, Adv. Mr. Satya Prakash, Adv.

For the Opposite Party/s : Mr. Surendra Kumar, APP For the Informant : Mr. Pankaj Kumar Singh, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 20-02-2018 Heard learned counsel for the petitioners and learned counsel for the informant as well as learned APP for the State. The petitioners apprehend their arrest in connection with Chapra Muffasil P.S. Case No.353 of 2016 registered under Sections 420, 467, 468, 471, 323 and 504/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that from the written complaint, giving rise to the present case, it would appear that there is a land dispute between the parties over a piece of land. Both the parties are claiming their title and possession and

Patna High Court Cr.Misc. No.7198 of 2018 (2) dt.20-02-2018 for that reason only the present case has been filed by the informant in order to pressurize the petitioners. It is informed that the petitioner no.1 has also lodged a case against the informant vide Annexure-2.

Mr. Surendra Kumar, learned APP for the State is present.

Considering the facts and circumstances of the case particularly that there appears to be a dispute of civil nature, I am inclined to grant anticipatory bail to petitioners. In the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand only) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Saran at Chapra, in connection with Chapra Muffasil P.S. Case No.353 of 2016, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Rajeev Ranjan Prasad, J) Arvind/- U T