Sunit Shukla @ Saneet Shukla And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19290 of 2018 Arising Out of PS.Case No. -209 Year- 2017 Thana -KALYANPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sunit Shukla @ Saneet Shukla, Son of Late Ram Nath Shukla

2. Dhiraj Kumar Shukla @ Dhiraj Shukla, Son of Sunit Shukla @ Saneet Shukla.

3. Rajan Kumar Shukla @ Rajan Shukla, Son of Sunit Shukla @ Saneet Shukla petitioner no. 1 to 3 resident of Village- Bahlalpur, P.S.- Kalyanpur, District- East Champaran.

4. Mukesh Thakur @ Sharma Thakur, Son of Jhoshi Thakur, Resident of Phulwaria Rajghav, P.S.- Kalyanpur, District- East Champaran. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 05-04-2018 Heard learned counsel for the petitioners as well as learned Additional Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Kalyanpur P.S. Case No. 209 of 2017 registered for the offences punishable under Sections 147, 148, 149, 323, 324, 379, 504, 506 of the Indian Penal Code.

The accusation against the petitioners is that they along with others cut the sugarcane crop of the informant from his field and took away the said sugarcane crop. Furthermore, it is

Patna High Court Cr.Misc. No.19290 of 2018 (2) dt.05-04-2018 2/2 alleged that when informant forbade them, the petitioners and other accused abused and threatened him.

Learned counsel for the petitioners submits that as a matter of fact, land in question was purchased in the name of wife of petitioner no. 3 in the year 1989 and since then they are coming in possession of the aforesaid land. It is further submitted that there was civil suit between the parties and the aforesaid civil suit i.e. Title Suit No. 167/94 was decreed in favour of wife of petitioner no. 3.

Considering the aforesaid facts and circumstances as well as submissions of the parties, this anticipatory bail petition is allowed and it is ordered that petitioners, in the event of their arrest/ surrender within four weeks from the date of receipt of this order to the court concerned, shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-IX, East Champaran, Motihari in Kalyanpur P.S. Case No. 209 of 2017 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(Hemant Kumar Srivastava, J) SHAHZAD/- U T