Gaurav Kumar @ Gaurav Kumar Nayak v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50501 of 2019 Arising Out of PS. Case No.-71 Year-2019 Thana- GHOGHARDIHA District- Madhubani ====================================================== GAURAV KUMAR @ GAURAV KUMAR NAYAK Son of Ajay Nayak Resident of Village - Ghoghardiha, P.S.- Ghoghardiha, Distt - Madhubani. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Hriday Narayan Harshit For the Opposite Party/s :
Mr.Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 16-08-2019 Let the supplementary affidavit filed on behalf of the petitioner be kept on the record.
Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Ghoghardiha P.S. Case No.71 of 2019/G.R. No.847 of 2019 registered under Sections 341, 323, 353, 506, 307 and 504/34 of the Indian Penal Code.
The accusation is that on the basis of the application of Urmila Devi in respect to the dispute relating to Plot No.171/2257 situated in village-Ghoghardiha, the informant being the Circle Officer of Ghoghardiha along with police personnel reached at the disputed place in village-Ghoghardiha
Patna High Court CR. MISC. No.50501 of 2019(2) dt.16-08-2019 2/3 for inquiry. In course of inquiry, Abhishek Kumar and this petitioner, both sons of Ajay Nayak, started to abuse to all the administration and threw chilly powder and petrol upon the informant and police personnel and also made attempt to cause assault to them, due to that reason, there was stampede. At that time, this petitioner and Abhishek Kumar also gave threatening to the informant and other police personnel.
Learned counsel for the petitioner submits that the plot in question is situated in village-Ghoghardiha and the said plot was purchased by the father of the petitioner and his uncle through sale deed from Radhika Devi, wife of Hari Shankar Singh, on 22.06.2010. Thereafter, when Urmila Devi raised objection and called the Circle Officer Ghoghardiha and other police personnel, the petitioner and his brother Abhishek Kumar made protest and made claim over the disputed plot, showing the sale deed executed in favour of their father and uncle by Radhika Devi but due to ulterior motive, the petitioner and his brother have falsely been implicated in this case. The petitioner has no criminal antecedent.
Having considered the facts and the circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender by him within six weeks from today, be
Patna High Court CR. MISC. No.50501 of 2019(2) dt.16-08-2019 3/3 enlarged on bail on his furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the Sub Divisional Judicial Magistrate, Jhanjharpur, District-Madhubani, in connection with Ghoghardiha P.S. Case No.71 of 2019/G.R. No.847 of 2019, subject to the conditions laid down under Section 438(2) Cr.P.C. (Rajendra Kumar Mishra, J) P.S./- U T