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Patna High CourtCR. MISC./47769/2018bail granted

Basant Uraon And ORS v. The State Of Bihar

2018-08-20Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47769 of 2018 Arising Out of PS.Case No. -705 Year- 2017 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Basant Uraon, S/o Shivcharan Uroan,

2. Sulekha Devi W/o Munna Uroan,

3. Mostt Budhni Devi W/o Late Baisu Ram, All are the R/o Vill.- Malkhanpur, P.S.- Shivnarayanpur, Distt.- Bhagalpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Swapnil Kumar Singh, Advocate For the Opposite Party/s : Mr. Bhanu Pratap Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-08-2018 Heard the parties. The petitioners seek anticipatory bail in connection with Kahalgaon (Shivnarayanpur) P.S. Case No. 705 of 2017, registered for offences punishable under Sections 341, 323, 353, 337, 188 and 504/34 of the Indian Penal Code. As per F.I.R., allegation against the petitioners is that petitioners have constructed Indira Awas Yojana in the Government land and when officials try to remove the encroachment, they pelted stones and created nuisance at the place of occurrence.

Submission of the learned counsel for the petitioners is that the petitioners have been falsely implicated in this case and

Patna High Court Cr.Misc. No.47769 of 2018 (2) dt.20-08-2018 2/2 there is no any specific allegation has been attributed against the petitioners. It is also submitted that the petitioners have no criminal antecedent.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioner, above named on surrender or arrest within six weeks be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Kahalgaon (Shivnarayanpur) P.S. Case No. 705 of 2017, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(Vinod Kumar Sinha, J) Sudha/- U T