Bhagwan Patel And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.16332 of 2017 Arising Out of PS.Case No. -31 Year- 2016 Thana -KANGALI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Bhagwan Patel, Son of Late Bhoj Raut

2. Hargun Patel, Son of Late Jaypal Raut @ Late Japal Raut

3. Gandhi Patel, Son of Late Ramjeet Raut

4. Bhikhari Patel, Son of Late Ramjeet Raut

5. Hemanchal Patel, Son of Late Ramjeet Raut

6. Dipt Patel, Son of Bhagwan Patel.

All are resident of village - Parashurampur, P.S. - Kangli, District - West Champaran.

.... .... Petitioners

Versus

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

For the Petitioners : Mr. Bimlesh Kumar Pandey, Advocate.

For the Opposite Party : Mr. Pawan Kumar Chaurasiya, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 02-05-2017 Heard both sides.

The petitioners apprehend their arrest in Kangali P.S. Case No. 31 of 2016 registered for the offences punishable under Sections 188 and 382 of the Indian Penal Code. The informant alleged that the petitioners and others were harvesting paddy crops inspite of the order passed in Cr.W.J.C. No. 1198 of 2015. It is further alleged that proceeding under Section 144 Cr.P.C. is also pending.

Learned counsel for the petitioners submits that the order passed in Cr.W.J.C. No. 1198 of 2015 was dismissed. The informant has lodged this case making false and frivolous

Patna High Court Cr.Misc. No.16332 of 2017 (2) dt.02-05-2017 2/2 allegation. The informant also got Kangli P.S. Case No. 36 of 2016 lodged in which some of the petitioners were enlarged on anticipatory bail. There is land dispute between the parties. Considering the facts aforesaid and the facts that on the face, it appears that there is land dispute between the parties and the informant, himself, gave wrong facts that the accused persons were harvesting crops against the order passed in Cr.W.J.C. No. 1198 of 2015 although the same case was permitted to be withdrawn, the petitioners above named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of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 Additional Chief Judicial Magistrate-VIth, Bettiah, West Champaran in Kangali P.S. Case No. 31 of 2016, Subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J.)