Lakhan Pandit v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68034 of 2022 Arising Out of PS. Case No.-198 Year-2022 Thana- ALAMNAGAR District- Madhepura ====================================================== 1.

Lakhan Pandit Son of Sukno Pandit Resident of Village - Alamnagar, P.S. - Alamnagar, District - Madhepura.

2.

Roshan Kumar @ Roshan Kumar Jha Son of Birendra Jha Resident of Village - Alamnagar, P.S. - Alamnagar, District - Madhepura. 3.

Sanam Kumar @ Sanam Kumar Jha Son of Birendra Jha Resident of Village - Alamnagar, P.S. - Alamnagar, District - Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar Agrawal For the Opposite Party/s :

Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-03-2023 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 149, 341, 323, 353, 188, 447, 147, 149 of the Indian Penal Code. As per the prosecution case, all the FIR named accused persons including petitioners encroached the land of Rajkiya Beej Gunan Prakshetra, Alamnagar for doing agricultural work.

It is submitted that FIR has been lodged after inordinate delay of 3 months and 20 days without any plausible

Patna High Court CR. MISC. No.68034 of 2022(2) dt.20-03-2023 2/2 explanation. The land in question are ancestral property of petitioners and in this regard, petitioners have already filed a title suit bearing Title Suit No. 32 of 2022 against the informant, Circle Officer, Alamnagar before the court of Civil Judge (Senior Division), Udakishunganj. Petitioners claim clean antecedents.

Considering the facts aforesaid, the petitioners abovenamed, in the event of their arrest/surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, are directed to 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 the learned Chief Judicial Magistrate, Madhepura in connection with Alamnagar P.S. Case No. 198 of 2022, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) vinita/- U T