Rafayal Lino Paul v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55815 of 2022 Arising Out of PS. Case No.-55 Year-2022 Thana- BETTIAH CITY District- West Champaran ====================================================== 1.
RAFAYAL LINO PAUL S/o Late Wiliam Lino Paul Resident of MohallaChristian Quarter Ward No.08, Police Station- Bettiah Town, District- West Champaran.
2.
Patrick Lino Paul S/o Late Lino Paul Resident of Mohalla- Christian Quarter ward no.08, Police Stastion- Bettiah Town, District- West Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Brij Kishor Mishra, Advocate For the Opposite Party/s :
Mr.Vinod Shanker Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 20-01-2023 Heard learned counsel for the petitioners and learned APP for the State in Virtual Court Proceeding. Let the defect(s), if any, as pointed out by the office, be removed within four weeks.
The petitioners are apprehending arrest in connection with Bettiah Town P.S. Case No. 55 of 2022 under sections 420, 467, 468, 120(B), 384, 506 of the Indian Penal Code.
As per the prosecution story, the informant has alleged that he is residing with the family for 70 years peacefully, but the petitioners who has purchased the adjoining land along the land 'Mafiyas' have threatened him and
Patna High Court CR. MISC. No.55815 of 2022(2) dt.20-01-2023 2/3 demanded Rs. 20,000,00/- as 'Rangdari'. The further allegation is of forging documents and conniving with the revenue officials.
So far as these petitioners are concerned, learned counsel for the petitioners submit that whatever allegation is there, that is against Ivon William Natal as also Abhay Kumar and only they have been clubbed in the category of the accused persons.
Further submission is that so far as Ivon William Natal is concerned, he has already been granted the privilege of anticipatory bail vide Cr. Misc. No. 46314 of 2022 on 3.1.2023 by this Court.
Let the same be kept on record.
The learned APP on the other hand opposes the prayer stating that the allegation is of try to usurp the land of the informant.
Taking into account the fact that the allegation is against Ivon William Natal in whose case (Cr. Misc. No. 46314 of 2022), this Court had held that the said petitioner had actually purchased the land and accordingly had granted the relief of anticipatory bail to him, this Court deem it fit to extend the same benefit to the present petitioners who are on a better
Patna High Court CR. MISC. No.55815 of 2022(2) dt.20-01-2023 3/3 footing.
Let the petitioners be released on bail, in the event of their arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, in connection with Bettiah Town P.S. Case No. 55 of 2022 subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Rajiv Roy, J) Ravi/- U T