Santosh Ray And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54910 of 2018 Arising Out of PS. Case No.-97 Year-2018 Thana- AURAI District- Muzaffarpur ======================================================

1. Santosh Ray, Gulab Ray,

2. Dinesh Rayson .... of Talebar Ray,

3. Ram Kishore Ray S/o Gulab Ray,

4. Binod Ray S/o Talebar Ray,

5. Besari Devi W/o Binod Ray,

6. Vidya Devi @ Vidya Ray W/o Dinesh Ray,

7. Hiriya Devi W/o Lakhindra Ray, All R/o Vill.- Ratwara, Withwara Tola, Panapur, P.S.- Aurai, District- Muzaffarpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hari Kishore Thakur For the Opposite Party/s :

Mr. Sri Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 08-10-2018 Heard learned counsel for the petitioners and counsel appearing on behalf of the State.

The petitioners are apprehending arrest in connection with Aurai P.S. Case No. 97 of 2018 for the offence under Sections 143, 144, 188, 332, 353, 504, 447/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioners have no criminal antecedent. From F.I.R, it appears that allegation against these petitioners is that after removal of encroachment they have again encroached over the government land. Learned counsel for the petitioners has drawn attention of

Patna High Court Cr.Misc. No.54910 of 2018(2) dt.08-10-2018 2/2 this Court to certain documents that the land in question belongs to the petitioners and the allegation of committing trespass over the land in question is false.

Considering the aforesaid that the petitioners have no criminal antecedent and nature of allegation levelled against the petitioners, let the petitioners above named, in the event of arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial, Magistrate, 14th Muzaffarpur, in connection with Aurai P.S. Case No. 97 of 2018, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Anil Kumar Upadhyay, J) T.Kr./- U T