Patna High CourtCR. MISC./57068/2015disposed

Arun Mahaldar And ORS. v. The State Of Bihar

2015-12-18Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57068 of 2015 Arising Out of PS.Case No. -367 Year- 2015 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Arun Mahaldar

2. Kapil Mahaldar @ Kapildev Mandal.

3. Mangal Mandal.

4. Pramod Mandal.

5. Panku Mandal.

6. Bugo Mahaldar @ Kailash Mandal.

7. Ashok Mandal.

8. Jichhu Mahaldar @ Janardan Mandal.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Davendra Kumar Pandey For the Opposite Party/s : Mr. A.K.Choudhary(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-12-2015 Heard learned counsels for the petitioners and the State. The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 147, 379 and 386 of the Indian Penal Code.

The prosecution case is that the informant claims to have got Patta (settlement) from one Girindar Mahaldar who is said to be secretary of Kahalgaon Prakhand Matsyaji Sahyog Samittee Ltd. it is alleged that from the settled pond of the informant, the accused persons came variously armed and took out the fish worth `1,50,000/-, abused and threatened the informant. It is submitted by learned counsel for the petitioners that

Patna High Court Cr.Misc. No.57068 of 2015 (2) dt.18-12-2015 2/2 there was dispute with regard to fisheries rights between the parties when several rounds of cases and counter cases have been filed from both sides.

Considering the nature of accusation arising out of dispute with regard to fisheries right, it is a case for consideration of prayer for regular bail.

Let the learned court below consider the prayer for regular bail of the petitioners if they surrender within a period of six weeks in connection with Kahalgaon P.S. Case No. 367 of 2015 pending in the court of learned CJM, Bhagalpur. It is expected from the learned court below to dispose of the regular bail application of the petitioners preferably on the same day.

Accordingly, the application is disposed of.

(Dinesh Kumar Singh, J) Amrendra/- U T