Allowed

Bachhu Ram and Ors. v. The State Of Bihar

Patna HC23 Sept 2016CR. MISC./40526/2016

Case brief

AI extract

What is this about?

The Patna High Court granted anticipatory bail to four petitioners accused under various IPC offences in a land encroachment case. Directed release upon arrest if within six weeks, subject to bond conditions and appearance requirements.

What did the court decide?

Petitioners to be released on bail on furnishing bonds with sureties within six weeks of arrest/surrender, subject to Section 438(2) CrPC conditions and appearance requirements.

Bachhu Ram and Ors. Vs The State Of Bihar — Anticipatory Bail | Patna HC (2016)

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IN THE HIGH COURT OF JUDICATURE AT PATNA

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Criminal Miscellaneous No.40526 of 2016

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Arising Out of PS.Case No. -53 Year- 2014 Thana -PARIHAR District- SITAMARHI

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======================================================

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Bachhu Ram, Son of Late Bujhawan Ram.

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Rakesh Thakur, Son of Sri Narayan Thakur.

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Rajesh Thakur, Son of Sri Narayan Thakur.

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Raghwendra Kumar, Son of Shri Sheo Nandan Pandey. All are residents of Village- Sutihara, P.S.- Parihar, District- Sitamarhi. .... .... Petitioner/s

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Versus

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

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For the Petitioner/s : Mr. Krishna Kant Singh For the Opposite Party/s : Mr. Sri Surendra Prasad Singh

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====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER

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2 23-09-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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This application for grant of anticipatory bail arises out of Parihar P.S. Case No. 53 of 2014, disclosing offences under Sections 147, 149, 341, 342, 152 and 353 of the Indian Penal Code.

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The Circle Officer of Block-Parihar in the district of Sitamarhi is the informant and it is alleged in the First Information Report that a team led by Block Development Officer and Police personnel had gone to remove encroachment, caused on the public land by constructing school building. Allegedly, the petitioners caused obstruction, resulting into beach of peace and damage of

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public property.

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Learned counsel appearing on behalf of the petitioners

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Patna High Court Cr.Misc. No.40526 of 2016 (2) dt.23-09-2016

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2/2

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has submitted that the petitioners are the villagers and they were in no way connected with the said school building. It has also been submitted that there is no specific allegation against these petitioners of overt act.

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Considering the submissions as above, this application is allowed.

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Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-8^th Sitamarhi in connection with Parihar P.S. Case No. 53 of 2014, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

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This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

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(Chakradhari Sharan Singh, J)

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Vats/U T

Bachhu Ram and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

Bachhu Ram and Ors. v. The State Of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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