Anand Kumar Jha And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23093 of 2015 Arising Out of PS.Case No. -57 Year- 2014 Thana -KALUAHI District- MADHUBANI ======================================================

1. Anand Kumar Jha,

2. Vinay Kumar Jha, @ Binay Kumar Jha,

3. Prem Kumar Jha, all are sons of late Upendra Kumar Jha, resident of village- Belahi, P.S.- Kaluahi, District- Madhubani. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Gopal Jha For the Opposite Party/s : Mr. S. Eheteshmuddin (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-06-2015 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend arrest in a case under sections 352, 353/34 of the Indian Penal Code. The informant Akhilesh Kumar, Revenue Clerk, Madhubani has alleged in the F.I.R. that the petitioners have disturbed in measuring the land of Gairmajarua Aam way appertaining to Khata No. 164, Khesra No. 811 for which Halka Karamchari/Anchal Amin was deputed.

It has been submitted on behalf of the petitioner that while measurement of the land was being made by the concerned authority, the petitioner had protested and created

Patna High Court Cr.Misc. No.23093 of 2015 (2) dt.25-06-2015 hindrance in course of measurement being made by the authorities concerned. It has been submitted that no specific role has been assigned against the petitioner. The petitioner has got no criminal antecedent. The case has been instituted against the petitioner due to mistake of fact.

On behalf of the State, it has been submitted that the petitioner is named in the F.I.R.

Considering the facts aforesaid, in the event of arrest or surrender of the petitioners, above named, within four weeks from the date of receipt/production of a copy of this order, the court below shall enlarge them 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 learned Judicial Magistrate, 1st Class, Madhubani in connection with Kaluahi P.S. Case No. 57 of 2014, G.R. No. 1178 of 2014 subject to all the conditions laid down under section 438(2) of the Code of Criminal Procedure, 1973.

(Sudhir Singh, J) Amin/- U