Pintu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79799 of 2019 Arising Out of PS. Case No.-232 Year-2019 Thana- RAFIGANJ District- Aurangabad ====================================================== 1.

Pintu Kumar Son of Bhim Singh Resident of Village - Pogar, P.S.- Rafiganj, Distt - Aurangabad.

2.

Ajay Singh Son of Shobhar Singh Resident of Village - Pogar, P.S.- Rafiganj, Distt - Aurangabad.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Leelawati Kumari For the Opposite Party/s :

Mr. Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 09-12-2019 The petitioners seek bail in anticipation of their arrest in connection with Rafiganj P.S. Case No. 232 of 2019 dated 24.09.2019 instituted for the offences under Sections 447, 341, 456, 504, 506, 427, 34 of the Indian Penal Code and Section 27 of the Arms Act. It has been alleged in the F.I.R that the petitioners with whom the informant has litigation from before, broke open the lock of the godown and took away the fertilizers kept in the said godown. From the perusal of the F.I.R, it has been argued, the past enmity between the parties can easily

Patna High Court CR. MISC. No.79799 of 2019(2) dt.09-12-2019 2/3 be discerned. There is a rival claim over a plot of land over which the godown has been constructed. The petitioners also claim possession of the land as they had purchased it for consideration from one Rajesh Prasad The informant also appears to have purchased the said plot from the same family but from one Mohan Sah. The details of the belongings which has allegedly been taken away by the petitioners has not been stated in the F.I.R. The civil dispute, it has been urged, has been given a look of a criminal case.

Considering the aforestated facts viz. the long standing dispute over the claim of the land in question and the clean antecedents of the petitioners, the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, are directed to be released on bail on his furnishing bail bonds of Rs. 10,000/-(Ten Thousands) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court CR. MISC. No.79799 of 2019(2) dt.09-12-2019 3/3 Magistrate, Aurangabad in connection with Rafiganj P.S. Case No. 232 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Ashutosh Kumar, J) Shageer/- U T