Rajesh Kumar And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51516 of 2015 Arising Out of PS.Case No. -111 Year- 2015 Thana -LAXMIPUR District- JAMUI ======================================================
1. Rajesh Kumar
2. Sanjay Kumar
3. Ranjay Kumar @ Ranjan Kumar All are Sons of Akhileshwar Ram All are Resident of village - Giddhaur, P.S. Lakshmipur ( Giddhaur ), District - Jamui .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arjun Pd. Keshri For the Opposite Party/s : Mr. Ambika Bhagat(Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 10-11-2015 Heard the Counsel for the petitioners and Mr. Ambika Bhagat, Special APP for the State.
The petitioners are facing accusations in Laxmipur (Giddhaur) P.S. Case No. 111 of 2015 registered under minor penal provisions of the Indian Penal Code and diverse provisions of SC/ST Act.
It appears that on account of plucking from Mango, Blackberry and Jackfruit trees, the occurrence has taken place. The informant herself has stated that there was a land dispute between the parties. It is alleged that petitioners assaulted the informant and committed theft.
It has been submitted on behalf of the petitioners that there is no allegation of having abused in the name of caste. There is dispute going on between the parties for the title of the land. The
Patna High Court Cr.Misc. No.51516 of 2015 (2) dt.10-11-2015 2/2 impugned order itself reflects that certain proceeding under the Code of Criminal Procedure is also going on between the parties. Petitioners have no criminal antecedent and if granted the privilege of bail, there shall be no repetition of the similar offence. Considering the above, in the event of arrest or surrender in the Court below within five weeks, the petitioners abovenamed are directed to be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of S.D.J.M., Jamui in Lakshmipur (Giddhaur) P.S. Case No. 111 of 2015 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions: (i) One of the bailers shall be the own/close family members of the petitioners.
(ii) In case of framing of charge, the petitioners shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioners and secure their arrest in accordance with law.
(Kishore Kumar Mandal, J) Pankaj/- U T