The Patna High Court granted bail to a petitioner accused of offences under Sections 307, 364 IPC and Arms Act. The Court noted a land dispute and lack of specific allegations against the petitioner, requiring a bail bond of Rs.10,000 with sureties.
Petitioner released on bail by furnishing a bond of Rs.10,000 with two sureties of the like amount each.
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Patna High Court Cr.Misc. No.1282 of 2014 (3) dt.28-03-2014
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1282 of 2014
====================================================== 1. Bimal Sah S/O Maksudan Sah Resident Of Village- Murarpatti, Police Station- Khutauna, District- Madhubani. .... .... Petitioner/s Versus 1. The State Of Bihar .... .... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Yogesh Chandra Verma,Sr.Advocate For the Opposite Party/s : Mr. Addl.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SHYAM KISHORE SHARMA ORAL ORDER ----------- 3 28-03-2014 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner is one of the named accused of a case which has been registered against two dozens named and 200-300 unnamed accused for offences under Sections 307, 386, 364 and some other Sections of the Indian Penal Code and 27 of the Arms Act.
Allegation is that when the informant was returning after attending call of nature, in the way, the petitioner and others surroundered him and demanded Rs.50,000/- as ransom. On denial, he was kidnapped and taken at a particular place where also informant was assaulted.
Submission is that the implication of the petitioner is on account of enmity which is apparent from the FIR itself.
Patna High Court Cr.Misc. No.1282 of 2014 (3) dt.28-03-2014
There was land dispute between the parties. There is no specific allegation against the petitioner and offences under Sections 364 and 307 of the Indian Penal Code are not attracted.
Considering the facts and circumstances of the case, let the above named petitioner 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 learned Additional Chief Judicial Magistrate/concerned court, Jhanjharpur, District Madhubani in Khutauna P.S.Case No. 39 of 2013.
(Shyam Kishore Sharma, J)
Tahir/-
1 issue framed by the court
Whether the petitioner accused in an FIR for kidnapping and robbery is entitled to bail considering land dispute animosity.
Bimal Sah
The State Of Bihar
Shyam Kishore Sharma
As recorded by the court registry
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