Dilu Murmu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61975 of 2019 Arising Out of PS. Case No.-120 Year-2018 Thana- POTHIYA District- Kishanganj ====================================================== 1.

Dilu Murmu, Son of Late Raghu Murmu, Resident of Village - Kachakhuwa, P.S.- Pothia, Distt - Kishangaj.

2.

Poresh Soren Son of Late Chunda Soren Resident of Village - Kachakhuwa, P.S.- Pothia, Distt - Kishangaj.

3.

Murli Marandi Son of Josef Marandi, Resident of Village - Kachakhuwa, P.S.- Pothia, Distt - Kishangaj.

4.

Soban Marandi @ Soben Marandi Son of Josef Marandi Resident of Village - Kachakhuwa, P.S.- Pothia, Distt - Kishangaj. 5.

Mota Tudu @ Mata Tudu Son of Dula Tudu Resident of Village - Kachakhuwa, P.S.- Pothia, Distt - Kishangaj.

6.

Balu Tudu Son of Bacha Tudu Resident of Village - Kachakhuwa, P.S.- Pothia, Distt - Kishangaj.

7.

Kandru Marandi Son of Late Bhadu Marandi @ Bhado Marandi Resident of Village - Kachakhuwa, P.S.- Pothia, Distt - Kishangaj. 8.

Bappi Hamram @ Bapoi Hembram Son of Guna Hembram Resident of Village - Kachakhuwa, P.S.- Pothia, Distt - Kishangaj. 9.

Noresh Hansda Son of Late Karu Hansda Resident of Village - Kachakhuwa, P.S.- Pothia, Distt - Kishangaj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Nirmala Kumari (App ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-10-2019 This is an application for grant of anticipatory bail in connection with Pothia P. S. Case No. 120 of 2018, disclosing offences under Sections 447, 147, 148, 149, 386, 504, 506 of

Patna High Court CR. MISC. No.61975 of 2019(2) dt.15-10-2019 2/3 IPC.

Petitioners are named in the F.I.R and there is allegation against them that they are disturbing the possession of the informant, who is running a tea garden and also damaging the garden, taking away the tea leaves from there. It further appears that petitioners are accused in three more cases also. Submission of the learned counsel for the petitioners is that they are adjacent landlord and as such, they have falsely been implicated in this case in order to grab their land by the informant. They are ready to abide by any conditions imposed upon them.

Heard learned A.P.P. also.

Having heard both sides, considering the above submissions, this application is allowed. Let the petitioners, above named, surrender before the court below within a period of two weeks from the date of receipt of certified copy of this order, be released on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount to the satisfaction of learned Additional Chief Judicial Magistrate, Kishanganj, in connection with Pothia P. S. Case No. 120 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure with

Patna High Court CR. MISC. No.61975 of 2019(2) dt.15-10-2019 3/3 condition that they will not try to disturb the possession of the informant nor try to damage the tea garden of the informant. (Vinod Kumar Sinha, J) Sunil Shukla/- U T