Pankaj And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39638 of 2016 Arising Out of PS.Case No. -282 Year- 2015 Thana -CHAUTARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Pankaj Son of Late Vishwanath Singh Resident of village - New Colony Dak Bunglow Road, P.O. & P.S. Bettiah Town

2. Amar Ram Son of Late Narsinha Ram Resident of village - Bargajwa, P.S. Ram Nagar

3. Mohan Ram Son of Babunand Ram

4. Manbodh Ram Son of Asharfi Ram

5. Madan Ram Son of Baidyanath Ram

6. Shambhu Ram Son of Bishundeo Ram

7. Surendra Ram Son of Bharat Ram

8. Ramprit Ram Son of Babunand Ram

9. Mohan Ram Son of Jagannath Ram

10. Kamlesh Mushahar Son of Late Mush Mushahar

11. Saheb Mushahar Son of Kamlesh Mushahar

12. Tufani Mushahar Son of Jag Mushahar

13. Manoj Ram Son of Madan Ram Pet. 3 to 13 residents of village - Salaha, P.S. Chautarwa All within the district of West Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Amarendra Nath Verma For the Opposite Party/s : Mr. Sri Panchanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-11-2016 Heard both sides.

The petitioners seek bail in Chautarwa P.S. case No. 282 of 2015 under Section 307 and other Sections of the Indian Penal Code.

The petitioners are named in the FIR. The Circle Officer made allegation that petitioners and other accused persons,

Patna High Court Cr.Misc. No.39638 of 2016 (3) dt.29-11-2016 2/2 having armed with different weapons, came to the field and harvested the paddy crops in which a proceeding under Section 144 of the Cr.P.C. was initiated and both the parties were prohibited from going over the land in pursuance of the order passed by this court in CWJC No. 11780 of 2015. It is submitted that nobody was injured. The petitioners were not aware about the order passed in the writ petition as they were not party.

On the other hand, Sri Buxi S.R.P. Sinha, the learned counsel for the informant, as well as the learned Additional Public Prosecutor opposed the prayer for bail.

Considering the nature of allegation made against the petitioners and the fact that nobody was injured and similarly situated accused persons have already been granted bail, the above named petitioners are directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Bagaha, West Champaran in Chautarwa P.S. Case No. 282 of 2015.

(Prabhat Kumar Jha, J) BKS/- U T