Bashishtha Pandey v. The State Of Bihar

Patna High Court Cr.Misc. No.33962 of 2018 (2) dt.28-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33962 of 2018 Arising Out of PS.Case No. -416 Year- 2017 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Bashishtha Pandey, Son of Babu Saheb Pandey, resident of VillageHarsari, Police Station- Shikarpur, District- West Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sachida Nand Rai For the Opposite Party/s : Smt. Anusuiya Jaiswal ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-06-2018 Heard both sides.

The petitioner apprehends his arrest in Shikarpur P.S. Case No.416 of 2017 registered under Sections 384, 385/34 of the Indian Penal Code.

The informant alleged that petitioner and one Satyendra Chaubey @ Sachindra Chaubey forcibly constructed a hut on the land of the informant and the accused also demanded extortion.

The learned counsel for the petitioner submits that there is a land dispute between two sides. Sachindra Chaubey, one of the accused earlier filed Shikarpur P.S. Case No.426 of 2017 against the informant. A proceeding under Section 144 bearing

Patna High Court Cr.Misc. No.33962 of 2018 (2) dt.28-06-2018 Misc. Case No.39M of 2018 is also going on.

Taking into consideration the facts that there is land dispute between two sides, the petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, District-West Champaran in connection with Shikarpur P.S. Case No.416 of 2017, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Saurabh/- U T