The High Court granted regular bail to two petitioners charged with offences under the IPC arising from a land dispute and assaults on co-sharers pending civil litigation and counter-cases.
Release on bail on furnishing ₹20,000 bond and two sureties of like amount each.
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.19699 of 2022
Arising Out of PS. Case No.-193 Year-2020 Thana- GOPALPUR District- Gopalganj
======================================================
Versus THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Harendra Prasad,Adv. For the Opposite Party/s : Mr. Lalan Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 24-05-2022
Heard Mr. Harendra Prasad, learned counsel for the
petitioners and Mr. Lalan Kumar, learned Additional Public Prosecutor for the State.
Petitioners seek regular bail in connection with Gopalpur PS Case No. 193/2020 registered for the offence punishable under Sections 341, 323, 379, 307, 504, 506/34 of the IPC.
Petitioners have allegedly assaulted the family members of the informant by means of sword and Farsa .
Learned counsel for the petitioner submits that both the parties are co-sharers and there is land dispute between them bearing Title Suit No. 420/2015. He next submits that there is case and counter case between the parties inasmuch as Gopalpur PS Case No. 198/2020 has been lodged by the side of the
Patna High Court CR. MISC. No.19699 of 2022(2) dt.24-05-2022 2/2
petitioners. Petitioners are in custody since 11.02.2022 and the injuries caused to the victim, Saroj Devi are simple in nature. He next submits that other co-accused persons have been granted bail by a co-ordinate Bench of this Court vide Cr. Misc. No. 29232/2021.
Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that both the parties are co-sharers and there is land dispute between them bearing Title Suit No. 420/2015, there is case and counter case between the parties, the petitioners are in custody since 11.02.2022 and other co-accused persons have been granted bail by a co-ordinate Bench of this Court, I am inclined to grant regular bail to the petitioner.
Accordingly, let the petitioner, named above, be released on bail on furnishing bail bond of Rs. 20,000/- (Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Gopalganj, in connection with Gopalpur PS Case No. 193/2020.
(Anil Kumar Sinha, J)
perwez
U T
1 issue framed by the court
Whether the petitioners are entitled to be released on bail in a dispute between co-sharers involving land claims and injuries caused with weapons.
1 provisions across 1 enactments
Rahul Yadav
Angad Yadav
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
