Patna High CourtCR. MISC./56360/2022bail granted

Dayanand Prasad Srivastava v. The State Of Bihar

2023-02-07Mr. Justice Nawneet Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56360 of 2022 Arising Out of PS. Case No.-1035 Year-2019 Thana- ARARIA District- Araria ====================================================== DAYANAND PRASAD SRIVASTAVA Son of Babu Hazari Lal Srivastava Resident of village - Jogbani Ward No.- 16, P.S.- Jogbani, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 07-02-2023 Heard the learned counsel for the petitioner as well as the learned Additional Public Prosecutor for the State. The petitioner apprehends his arrest in connection with Araria P.S. Case No. 1035 of 2019 registered for offence punishable under sections 147, 148, 188, 447, 448, 353 and 427 of the Indian Penal Code.

The petitioner, as per allegation, in the light of the order of Hon'ble Supreme Court in SLP Criminal Appeal No. 869 of 2010 and SLP Criminal No. 5998 of 2010, the S.D.O., Araria was engaged in removal of the illegal possession from the houses situated over the disputed land, as sixteen accused persons named in the FIR forcibly took possession over the same.

Patna High Court CR. MISC. No.56360 of 2022(2) dt.07-02-2023 2/2 The learned counsel for the petitioner has submitted that the petitioners are innocent and have falsely been implicated in this case. On similar footing, a large number of accused persons have been granted anticipatory bail by the coordinate Benches of this Court. Considering the above-mentioned facts and circumstances, the petitioner above-named, in the event of his arrest or surrender, within four weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 1035 of 2019, subject to condition as laid down under section 438(2) Cr. P.C.

(Nawneet Kumar Pandey, J) Mahesh/- U T