Ganesh Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.67265 of 2019 Arising Out of PS. Case No.-27 Year-2018 Thana- PANJWARA District- Banka ====================================================== GANESH THAKUR, aged about 30 years, Male, Son of Shankar Thakur, Resident of Village-Jagatpur, Police Station-Panjawara, District-Banka ... Petitioner

Versus

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

For the Petitioner :

Mr. Ajay Mukherjee, Adv.

For the Opposite Party :

Mr. Nityanand, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the state.

The petitioner seeks pre-arrest bail in connection with Panjwara P.S. Case No. 27 of 2018 registered under Sections 147, 148, 149, 323, 327, 384, 504 and 506 of the Indian Penal Code.

The accusation is forcibly uprooting the mustard and massoor crops by nine persons, named in the first information report, including the petitioner, from the field of the informant, Sahdeo Thakur. When the informant made protest, then, he was abused and dashed.

Submission is that it would appear from the first information report that occurrence is said to be of 04.03.2018, but, the first information report was lodged by the informant on 09.03.2018 and the petitioner is in possession of the land in

Patna High Court CR. MISC. No.67265 of 2019(2) dt.14-11-2019 2/2 dispute, regarding which title suit is going on, but, with ulterior motive the informant lodged the present case. Having regard to the facts and circumstances of the case, let the petitioner, above named, in the event of surrender/arrest, within a period of four weeks from today, in connection with Panjwara P.S. Case No. 27 of 2018 shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, I, Banka, or the successor Court subject to the conditions as laid down under Section 438(2) Criminal Procedure Code. (Rajendra Kumar Mishra, J) Shamshad/- U T