Mantu Sah And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39675 of 2017 Arising Out of PS.Case No. -41 Year- 2017 Thana -BAIKUNTHPUR District- GOPALGANJ ======================================================

1. Mantu Sah son of Bhuteli Sah

2. Bhuteli Sah @ Baijnath Sah son of Ramayan Sah

3. Jatayee Devi @ Jtahee Devi wife of Prithvi Sah

4. Lakhpati Devi wife of Bhuteli Sah

5. Kalawati Devi wife of Deepan Sah

6. Prithabi Sah son of Mahesh Sah

7. Durga Sah son of Bhuteli Sah

8. Mangaru Sah son of Bhuteli Sah All are residents of village -Spheyawad, P.S. Baikunthpur, District - Gopalganj.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Pankaj Kumar Dubey For the Opposite Party/s : Mr. Narsingh Tanti ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 30-08-2017 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Baikunthpur P.S. Case No. 41 of 2017 registered under Sections 341, 323, 324, 307, 379, 504 and 506/34 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioners submits that the parties are Patidars and due to previous land dispute, the petitioners have falsely been made accused. Further submission is that petitioners have no criminal

Patna High Court Cr.Misc. No.39675 of 2017 (2) dt.30-08-2017 2/2 antecedent.

Learned A.P.P. appearing on behalf of the State opposed the prayer of the petitioners with submission that there is specific allegation against the petitioner no. 1 Mantu Sah and petitioner no. 2, Bhuteli Sah @ Baijnath Sah. The witnesses have also supported the prosecution version.

Having considered the facts and circumstances of the case, prayer of the petitioners no. 1 and 2 for bail is rejected and at the sametime, prayer of the petitioners no. 3 to 8 is allowed. They (petitioners no. 3 to 8) are directed to be released on bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the A.C.J.M.-III, Gopalganj in connection with Baikunthpur P.S. Case No. 41 of 2017, subject to the condition as laid down under Section 438(2) of the Cr. P.C. (Arvind Srivastava, J) Shailendra/- U T