High Court of Patna issued oral order granting bail to multiple petitioners accused of offences under IPC sections 147, 149, and others in a case involving alleged land title dispute.
Released on bail of Rs.10,000 each with two sureties subject to conditions of physical presence, cooperation, and no repeat offences.
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.63510 of 2019
Arising Out of PS. Case No.-329 Year-2019 Thana- CHIRAIYA District- East Champaran
======================================================
... ... Petitioners
Versus
The State of Bihar
... ... Opposite Party
====================================================== Appearance : For the Petitioners : Mr. Anuj Kumar, Advocate. For the Opposite Party: Mr. Chandra Sen Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER
2 24-10-2019
Heard learned counsel for the petitioners and learned APP for the State.
Patna High Court CR. MISC. No.63510 of 2019(2) dt.24-10-2019 2/3
of the total land measuring 12 katha and 4 dhurs in terms of various sale deeds enclosed as Annexures- 6, 7, 8 and 9 to the supplementary affidavit which have duly been purchased by them after payment of consideration of amount. Reference is invited to the letter dated 26.10.2018 (Annexure-3) issued by the Headmaster of the Rajkiya Madhya Vidhayalaya, Sirauna, according to which no documents relate to the land in respect of the school building standing on the subject land. Similarly the letter dated 25.10.2018 of the Station House Officer, Sikarganj Police Station (Annexure-4) also shows that there are no documents in connection with the land with respect to the building of the police station also situated on the said land. The Circle Officer’s letter dated 03.11.2018 (Annexure-5) corroborates the petitioner’s stand. More significantly, Title Suit No. 64 of 2019 has been filed which is pending in the Court of learned Subordinate Judge, Sikrahana at Dhaka. It is therefore submitted that the dispute between the parties is at best of civil nature involving title dispute over the land. Petitioner no. 6 is accused in one prior case of bailable nature while the other petitioners claim clean antecedents.
(i) That one of the bailors of each of the petitioners
Patna High Court CR. MISC. No.63510 of 2019(2) dt.24-10-2019 3/3
shall be their close relatives other than the petitioners herein.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioners shall cooperate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.
(iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J)
Ibrar//-
U T
2 issues framed by the court
Whether bail should be granted to petitioners accused under various sections of the Indian Penal Code pending determination of title dispute over land.
Whether the dispute between parties is purely civil in nature involving title over land.
4 provisions across 2 enactments
Pramod Kumar Singh @ Pramod Singh
Manoj Singh
Baidnath Singh
Birendra Rai
Rup Narayan Rai
Ram Babu Prasad Yadav
Vikash Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
