The High Court of Patna granted anticipatory bail to the petitioners approached to avoid arrest in a case involving alleged assaults arising from a land and property dispute between the parties.
Petitioners to be released on anticipatory bail on furnishing a bond of Rs. 10,000 each with two sureties of like amount within six weeks.
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.72025 of 2019
Arising Out of PS. Case No.-83 Year-2019 Thana- RASULPUR District- Saran
======================================================
... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ram Lallan Singh For the Opposite Party/s : Mr.Raj Ballabh Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER
Heard learned counsel for the petitioners, learned counsel for the informant and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 504, 506, 307/34 of the Indian Penal Code.
The prosecution case as lodged by the informant is that on 05.06.2019 around 8.30AM, the petitioners were cutting his Semal tree situated near his house and daughter-in-law of the petitioners along with her children was plucking quince fruits from the quince tree of the informant. The informant asked them
Patna High Court CR. MISC. No.72025 of 2019(3) dt.21-11-2019 2/3
as to why they were cutting his Semal tree and plucking quince fruits, they replied that decree has been passed in their favour of the said land. When the informant asked them to show paper of the land, they started hurling abuses and on protest petitioner Ram Sagar Sah caused injury with axe on his head. When he fell down petitioner Daulato Devi caused injury with Garasi on his head.
Learned counsel for the petitioners submits that there is land dispute between the parties. He submits that petitioners have constructed their residential house on the said land. He submits that there are three cases between the parties and out of the abovementioned entity, this case has been filed with false and frivolous allegations. Moreover, the injuries found on the person of the informant are simple in nature.
In the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M.-XI, Saran at Chapra in connection with Rasulpur Police Station Case No. 83 of 2019,
Patna High Court CR. MISC. No.72025 of 2019(3) dt.21-11-2019 3/3
subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anjani Kumar Sharan, J)
devendra/-
U T
1 issue framed by the court
Whether the petitioners are eligible for anticipatory bail in the present facts which involve a land dispute and alleged offences under Sections 341, 323, 504, 506, and 307/34 IPC?
Ram Sagar Sah and Anr.
The State of Bihar
Anjani Kumar Sharan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
