Rajesh Kushwaha And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No. 7598 of 2019 Arising Out of PS. Case No.-142 Year-2018 Thana- Lauria District- West Champaran ====================================================== 1.

Rajesh Kushwaha 2.

Anil Kushwaha @ Anil Pd. Kushwaha Both S/o Prashant Kushwaha 3.

Dilip Kushwaha, S/o Bhanu Kushwaha All resident of Village-Bishunpurwa P.S.-Lauriya, District - West Champaran.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr. Sanjeev Kumar For the Opposite Party/s :

Mrs. Asha Devi ====================================================== CORAM: HONOURABLE MR. JUSTICE RAKESH KUMAR ORAL ORDER 3.

04-04-2019 Heard Sri Sanjeev Kumar, learned counsel for petitioners and Smt. Asha Devi, learned Addl. Public Prosecutor. Three petitioners, apprehending their arrest in Lauriya P.S. Case No. 142 of 2018 registered for offence under Sections 147, 148, 323, 380, 420, 467, 471, 504 of the Indian Penal Code and Section 27 of the Arms Act, 1959, have prayed for grant of bail in the event of their arrest or surrender. It was submitted by learned counsel for petitioners that petitioners have been made accused in a civil dispute. He further submits that colour of criminal offence has been given in a complaint petition, which was filed by the complainant, vide

Patna High Court CR. MISC. No.7598 of 2019(3) dt.04-04-2019 2/2 Complaint Case No. 761-C of 2018. However, the said complaint was referred to the police for its registration and investigation under Section 156(3) of the Cr.P.C. By way of referring to fact disclosed in the complaint petition, learned counsel for the petitioners submits that it is evident that there was land dispute in between the parties.

Besides hearing, I have also perused the material on record, particularly the complaint petition, which is basis of the F.I.R., and after going through the same, I am of the opinion that it is a fit case for extending the privilege of anticipatory bail. Accordingly, in the event of arrest or surrender within a period of six weeks from today, let all the three petitioners namely (1) Rajesh Kushwaha, (2) Anil Kushwaha @ Anil Pd. Kushwaha and (3) Dilip Kushwaha be enlarged 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 learned C.J.M., Bettiah, West Champaran in connection with Lauriya P.S. Case No. 142 of 2018, subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Rakesh Kumar, J.) anay U T