The High Court of Patna allowed an oral order for anticipatory bail to five petitioners who were apprehending arrest in connection with a police case arising from a land dispute and allegations of cutting a tree branch.
Petitioners allowed anticipatory bail subject to furnishing bonds of Rs. 10,000/- each with two sureties of the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.32283 of 2017
Arising Out of PS.Case No. -76 Year- 2017 Thana -KHAGARIA District- KHAGARIA
======================================================
All are Resident of village Ravi Sakarpura P.S. Khagaria (Gangaur) District Khagaria. .... .... Petitioner/s
Versus
The State of Bihar ... .... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar, Advocate For the Opposite Party/s : Mr. Sri Bal Mukund Prasad Sinha, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD
ORAL ORDER
2 13-07-2017 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners are apprehending their arrest in connection with Khagaria (Gangaur) P.S. Case No. 76 of 2017 registered for the offences punishable under Sections 323,341,504,379,308/34 of the Indian Penal Code.
Counsel for the petitioners submits that they have falsely been implicated in this case due to land dispute on account of which a proceeding under Section 107 Cr.P.C, vide Case No. 750 M of 2016 has been initiated on the land bearing Khata No. 474, Khesra No. 3174, Area 13 Katha 5 dhoor which is Khatani land of the petitioners. The informant of this case has lodged this false case to pressurize the instant petitioners to execute sale deed
Patna High Court Cr.Misc. No.32283 of 2017 (2) dt.13-07-2017
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of the said land in his favour. He further submits that there is no injury upon the informant and that the petitioners have no criminal antecedent prior to the instant case. On perusal of the FIR, he submits that it is apparent that the allegations arising out of cutting of a tree branch.
In the facts and circumstances of the case, the prayer of anticipatory bail of the petitioners is allowed. Let the petitioners above named, in the event of their arrest or surrender within four weeks from today, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Khagaria in Khagaria (Gangaur) P.S. Case No. 76 of 2017 subject to all conditions as laid down in Section 438 (2) of Criminal
Procedure Code.
(Madhuresh Prasad, J)
Prakash/-
U T
1 issue framed by the court
Whether the petitioners are entitled to grant of anticipatory bail in connection with offences under Sections 323, 341, 504, 379, 308/34 of the Indian Penal Code.
1 provisions across 1 enactments
Moti Tanti and others
The State of Bihar
Madhuresh Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
