Allowed

Saurav Sah @ Sourw Kumar v. The State of Bihar

Patna HC25 Aug 2023CR. MISC./49250/2023

Case brief

AI extract

What is this about?

Anticipatory bail application by an accused in a FIR concerning construction on disputed land, alleged firing and snatching of a gold chain. The court observed the dispute was essentially civil and granted anticipatory bail with conditions under Section 438(2) CrPC.

What did the court decide?

Anticipatory bail granted on bond of Rs.10,000/- with two like sureties to CJM, Khagaria, subject to Section 438(2) CrPC conditions.

Saurav Sah @ Sourw Kumar Vs The State of Bihar — Property and Title | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.49250 of 2023

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Arising Out of PS. Case No.-259 Year-2022 Thana- CHAUTHAM District- Khagaria

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

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SAURAV SAH @ SOURW KUMAR Son Of Saroj Sah @ Saroj Resident Of Village- Pipra, Ps- Chautham, Distt- Khagaria

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Raj Kumar For the Opposite Party/s : Mr.Mrityunjay Kumar, Adv. Mr. Sanjiv Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

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ORAL ORDER

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3 25-08-2023

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Heard learned counsel for the petitioner as well as learned APP for the State.

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The petitioner apprehends his arrest in connection with Chautham P.S. Case No. 259 of 2022, registered for the offences punishable under Sections 447,341,323,307,379,504,506,188/34 of the Indian Penal Code.

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As per allegation, the informant came to know that the petitioner along with other accused persons was doing construction work in the disputed land, in which Circle Officer has stayed construction work and when he protested, they abused him and co-accused Saroj Sah fired shot at the informant but he escaped. The petitioner snatched golden chain from the neck of the informant.

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Patna High Court CR. MISC. No.49250 of 2023(3) dt.25-08-2023 2/2

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Learned counsel for the petitioner has submitted that a title suit is pending between the parties. As a matter of fact, the petitioner has purchased the disputed land from brother of the informant in whose share it was given in partition. He has falsely been implicated because there is a civil dispute between them.

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On the other hand, the learned counsel for the informant has vehemently opposed the prayer for bail and submitted that the petitioner has flouted the order of the revenue authority who directed him not to erect construction over the disputed land till final adjudication by the civil court.

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It appears, it is a matter of civil nature and ultimate remedy lies in civil court and not in criminal court.

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Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Chautham P.S. Case No. 259 of 2022, subject to the conditions as laid down under Section 438(2) Cr.P.C.

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(Nawneet Kumar Pandey, J)

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SONALI/- U T

Saurav Sah @ Sourw Kumar v. The State of Bihar

Case brief

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Saurav Sah @ Sourw Kumar v. The State of Bihar

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