Umesh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.69055 of 2019 Arising Out of PS. Case No.-26 Year-2019 Thana- CHANPATIA District- West Champaran ====================================================== 1.

Umesh Thakur, 49 Y/M, Son of Sri Shankar Thakur, Resident of Village Kudiya Mathiya, Tiwari Tola, P.S. Chanpatia, District West Champaran. 2.

Vikash Tiwari, 38 Y/M, Son of Sri Ajay Tiwari, Resident of Village Kudiya Mathiya, Tiwari Tola, P.S. Chanpatia, District West Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr.Umesh Chandra Verma For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 15-11-2019 Heard both sides.

The petitioners apprehend their arrest in Chanpatiya P.S. Case No.26 of 2019, registered under Sections 147, 149, 153, 188, 341, 342, 323, 353, 504 and 506 of the Indian Penal Code.

The gist of the allegation is that while a wall was being constructed around the land of industrial area, Kumar Bag, the petitioners and other villagers made protest and did not allow the officials to construct boundary around the land of industrial area.

Learned counsel for the petitioners submits that the petitioners are the owners of the land. The land of the petitioners

Patna High Court CR. MISC. No.69055 of 2019(2) dt.15-11-2019 2/2 have never been acquired. The petitioners have already filed CWJC No.5266 of 2019 which is pending in this Court. Not even a single farthing as compensation for acquisition of land has been paid to the petitioners.

Taking into consideration the facts and nature of allegations made against the petitioners, let 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 of the order, 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 S.D.J.M., Bettiah, West Champaran in connection with Chanpatiya P.S. Case No.26 of 2019, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure. (Prabhat Kumar Jha, J) S.KUMAR/- U T