Allowed

Kanhaiya Sah @ Baliram Sah and Ors. v. State Of Bihar and Anr.

Patna HC1 Jul 2017CR. MISC./29384/2017

Case brief

AI extract

What is this about?

Single Bench allowed anticipatory bail to three petitioners facing arrest in a land dispute case involving offenses under Sections 147, 148, 323, 504, 384 IPC after noting similar relief granted to their purchaser.

What did the court decide?

Petitioners allowed anticipatory bail to be released on bail on furnishing bonds of Rs. 10,000 each with two sureties upon arrest or surrender within four weeks.

Kanhaiya Sah @ Baliram Sah and Ors. Vs State Of Bihar and Anr. — Anticipatory Bail | Patna HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.29384 of 2017

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Arising Out of PS.Case No. -4229 Year- 2016 Thana -GOPALGANJ COMPLAINT CASE DistrictGOPALGANJ

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

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Kanhaiya Sah @ Baliram Sah, S/o late Indradeo Sah

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Bidyawati Devi @ Vidawati Devi, W/o Kanhaiya Sah

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Laxmina Devi, W/o late Indradeo Sah

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All R/o Sareya, ward No. 12, P.S. and District-Gopalganj

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.... .... Petitioner/s

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Versus

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The State of Bihar

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Mukul Kumar Tiwari S/o late Bharat Tiwari, R/o Kotwa, P.S & DistrictGopalganj

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.... .... Opposite Party/s

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

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Appearance :

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For the Petitioner/s : Mr. Satyendra Rai For the Opposite Party/s : Mr. Sri Navin Kumar Pandey

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====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER

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2 01-07-2017 Heard the learned counsel for the petitioners and

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the learned APP for the State.

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The petitioners apprehend their arrest in connection

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with Complaint Case No. 4229 of 2016 instituted for the offences punishable under Sections 147, 148, 323, 504, 384 and 427/34 of the Indian Penal Code.

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The allegation against these petitioners is that on 19.06.2016, the petitioners along with other co-accused went over the land of the complainant which was purchased by him by virtue of registered sale deed. The accused persons demolished the boundary wall on the point of firearm. They threatened the complainant to transfer the land in their favour.

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Patna High Court Cr.Misc. No.29384 of 2017 (2) dt.01-07-2017

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The learned counsel for the petitioners submits that there is bona fide land for the demarcation of the land, which was acquired by Dr. Dhruvdeo Mali from the petitioner no. 3, namely, Laxmina Devi. The petitioner nos. 1 and 2 are sons and daughter-in-law of petitioner no. 3 who sold the land to Dr. Dhruvdeo Mali. The purchaser, namely, Dr. Dhruvdo Mali has been allowed anticipatory bail by one of the co-ordinate Bench of this Court on 23.02.2017 in Criminal Miscellaneous No. 7555 of 2017. The case of these petitioners stands on better footing. They have transferred the land and now, they have no concern with the land in question.

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The learned APP, on the other hand, opposed the

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submission.

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On perusal of the impugned order and annexures available on record, I find that one of the co-accused Dr. Dhruodeo Mali who allegedly threatened to do away with the life of the complainant has been allowed anticipatory bail in Criminal Miscellaneous No. 7555 of 2017. These petitioners are vendors of the said Dr. Dhruodeo Mali having omnibus allegation.

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In the aforesaid facts and circumstances, the anticipatory bail prayer is allowed. The petitioners, above

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Patna High Court Cr.Misc. No.29384 of 2017 (2) dt.01-07-2017

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3/3

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named, in the event of arrest / surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1^st Class, Gopalganj in connection with Complaint Case No. 4229 of 2016, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure.

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(Sanjay Kumar, J)

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ajaypd./U T

Kanhaiya Sah @ Baliram Sah and Ors. v. State Of Bihar and Anr.

Case brief

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Kanhaiya Sah @ Baliram Sah and Ors. v. State Of Bihar and Anr.

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