Bhola Patel & Ors. vs The State Of Bihar on 10 November, 2015

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Patna High Court - Orders

Bhola Patel & Ors. vs The State Of Bihar on 10 November, 2015

Bench: Dinesh Kumar Singh

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                    Criminal Miscellaneous No.51486 of 2015
                          Arising Out of PS.Case No. -411 Year- 2015 Thana -MOTIHARI TOWN District-
                                              EASTCHAMPARAN(MOTIHARI)

                 ======================================================
                 1. Bhola Patel S/o Late Shankar Patel
                 2. Fulmatiya Kuer @ Fulmatiya Devi @ Fulmati Kuer W/o Vishwanath
                    Mahto
                 3. Rijam Devi W/o Rambabu Raut
                 4. Nirmala Devi W/o Shri Ramji Mahto
                 5. Ashok Kumar S/o Gobri Mahto
                 6. Giribardhari Sah @ Giridhari Sah S/o Late Rampal Sah
                 7. Yogendra Mahto S/o Late Sukhari Mahto
                 8. Dhruv Mahto S/o Late Shivnandan Mahto
                                                                                  .... ....   Petitioner/s
                                                          Versus
                 The State of Bihar
                                                      .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s         :       Mr. Ramakant Yadav, Advocate
                 For the Opposite Party/s         :     Mr. Nawal Kishore Pd.(App)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH
                 ORAL ORDER


2   10-11-2015

Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 295A, 341, Patna High Court Cr.Misc. No.51486 of 2015 (2) dt.10-11-2015 2/3 504, 419,297, 420, 423, 465, 467, 468, 471, 474, 193,199 and 120B of the Indian Penal Code.

The prosecution case is that in Ramjanki temple situated at Sataha, East Champaran, after death of the initial 'Mahanth' Sri Ramshray Das, Sri Ramchandra Das become 'Mahanth' and, thereafter, Sri Krishna Das. One Jagan Das was working as a helper, who subsequently claimed himself to be the 'Mahanth' of the said temple and transferred the land of the temple in favour of the petitioners when informant made protest then he was abused and assaulted.

It is submitted by learned counsel for the petitioners that the petitioners are bona fide purchasers and as per FIR the informant himself admitted that he is disciple of Mahanth Jagan Das. A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent.

Considering the nature of accusation in the background of civil nature of dispute, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten Patna High Court Cr.Misc. No.51486 of 2015 (2) dt.10-11-2015 3/3 thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Motihari, East Champaran in connection with Motihari Town P.S. Case No.411 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Ashwini/-

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Patna High Court - Orders