Single judge oral order granting anticipatory bail to the petitioner in a FIR involving offences under IPC regarding a land dispute. The court held the case was likely a civil dispute for which bail was appropriate.
Application allowed; petitioner entitled to bail upon arrest or surrender by furnishing bond of Rs. 10,000 with two sureties.
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.68042 of 2024
Arising Out of PS. Case No.-331 Year-2021 Thana- TURKAULIYA District- East
Champaran
======================================================
Munni Das @ Muni Das Son of Late Bhuil Das R/O- Sihulia P.S- Muffasil District- East Champaran at Motihari
... ... Petitioner/s
The State of Bihar
Versus ... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Shashank Shekhar For the Opposite Party/s : Mr. Uma Shankar Prasad Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER
2 20-09-2024
1. Heard learned Counsel for the petitioner and
learned APP for the State.
2. This application, for grant of anticipatory bail, arises out of Turkauliya (Banjariya) PS case no. 331 of 2021, disclosing offences punishable under Sections 341, 323, 354, 385, 420, 467, 427, 504, 506, 34 of the Indian Penal Code.
3. As per the prosecution story, informant states that a piece of his ancestral land is situated in Ambika Nagar, which had shares of his pattidars too. Informant’s co-sharers have already disposed of their shares in the aforesaid land and only one kattha of land is left which belongs to him. The informant constructed the boundary wall on around 01 katha of the land. On 07.04.2021, all the six accused persons, with an intent to grab his share, entered upon the informant's land in order to take forcible possession over the land and started destroying bricks thereon. When the informant raised objection, accused nos. 1 and 2 told that the land is in the share of their mother. It has
Patna High Court CR. MISC. No.68042 of 2024(2) dt.20-09-2024 2/3
further alleged that when the informant asked the co-accused to show the papers, they said that an agreement for sale has been executed with petitioner/Munni Das.. It has further been alleged that Petitioner/Munni Das told that he has given Rs. 2 lacs to the accused persons and got an agreement for sale prepared for purchase of the said land. It has also been alleged that the accused persons demolished the boundary wall constructed by the informant.
4. Learned Counsel for the petitioner submits that there is dispute regarding share of land between them. Accordingly to the side of the petitioners, land belongs to the mother of accused nos. 1 and 2 and a title suit bearing Title Suit No. 313 of 2019 has been filed by other co-sharers, in which the co-accused persons are defendants. Learned counsel further submits that there is no partition by metes and bounds and the allegation made in the FLR. is in the nature of civil dispute. Learned counsel for the petitioner further submits that coaccused persons who are co-sharers of the informant have been granted anticipatory bail by this Court vide order dated 21.08.2024 in Cr. Misc. No. 49142 of 2024 and as per the allegation made in the FIR, case of the petitioner is on better footing.
Patna High Court CR. MISC. No.68042 of 2024(2) dt.20-09-2024 3/3
5. Regard being had to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that co-sharers of the informant have been granted anticipatory bail by this Court vide order dated 21.08.2024 in Cr. Misc. No. 49142 of 2024, I am inclined to grant the privilege of anticipatory bail to the petitioners.
6. This application is, accordingly, allowed.
7. Let petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motiharı (East Champaran) in connection with Turkauliya (Banjariya) PS case no. 331 of 2021, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J)
HarshPandey/-
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner in a case alleging forcible possession and destruction of property arising from a land dispute.
Whether the petitioner, given the nature of allegations and the grant of bail to co-sharers, satisfies the conditions for anticipatory bail.
1 provisions across 1 enactments
Munni Das @ Muni Das
The State of Bihar
Anil Kumar Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
