Saroj Sutihar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32990 of 2015 Arising Out of PS.Case No. -35 Year- 2014 Thana -JADIA District- SUPAUL ====================================================== Saroj Sutihar, Son of Brahemdeo Sutihar, resident of village - Harinaha, P.S. - Jadia, District - Supaul.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumar Malendu, Advocate For the Opposite Party/s : Smt.Madhuri Lata(APP) ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 09-11-2015 Heard learned counsel for the petitioner and the learned counsel appearing on behalf of the State. The petitioner is apprehending his arrest in connection with Jadia P.S. Case No.35 of 2014 for allegedly having committed the offence under Sections 147, 148, 149, 447, 341, 323, 384, 307, 379, 384, 427, 120B of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the petitioner is one of the Purcha- holders of the land, which came to be the subject-matter of dispute. He submits that informant tried to dispossess the petitioner from the land, which was by virtue of Basgit Purchas granted to him in the year 1998 itself. Learned counsel further submits that several persons have been

Patna High Court Cr.Misc. No.32990 of 2015 (3) dt.09-11-2015 2/3 similarly affected and they have all collected at the place to resist the high-handed act of the informant. He further submits that a revision case, bearing Basgit Purcha Revision Case No.227 of 2013, which has been filed against the order of the Collector, Supaul dated 17.7.2014, is pending before the Bihar Land Tribunal, bearing BLT Case No.841 of 2014. Learned counsel for the petitioner submits that very persons that had collected at the place of occurrence and one such person, namely, Ramchandra Sharma, against whom there is allegation of firing, has also been extended the privilege of anticipatory bail by the impugned order itself whereas the petitioner has been singled out and his case has been rejected.

Considering the nature of allegations, the materials which have come in the case diary and that the petitioner has no criminal antecedents, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, be released 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 Sub-divisional Judicial Magistrate, Supaul, in connection with Jadia P.S. Case No.

Patna High Court Cr.Misc. No.32990 of 2015 (3) dt.09-11-2015 3/3 Section 438(2) of the Code of Criminal Procedure. (Anjana Mishra, J) PNM U T