Patna High Court - Orders
Mintu Kumar @ Shyamal & Ors vs The State Of Bihar on 25 July, 2016
Author: Prabhat Kumar Jha
Bench: Prabhat Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16875 of 2016
Arising Out of PS.Case No. -115 Year- 2014 Thana -BIHTA District- PATNA
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1. Mintu Kumar @ Shyamal Son of Sri Shashi Kant Sharma,
2. Banti Kumar @ Anand Kumar, S/o of Gauri Shankar Singh,
3. Himanshu Kumar @ Banti Son of Sri Ashok Singh,
4. Deepak Kumar, Son of Jitendra Singh,
5. Nipu Kumar Son of Sri Jalesh Singh, All resident of village - Amhara,
P.S. - Bihta, District - Patna.
.... .... Petitioner/s
Versus
1. The State of Bihar
.... .... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Birendra Sharma, Adv.
For the Opposite Party/s : Mr. Zainul Abedin(App)
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR
JHA
ORAL ORDER
3 25-07-2016Heard both sides.
The petitioners apprehend their arrest in Bihta P.S. Case No. 115/2014, registered for the offences punishable under Section 307 and other sections of the Indian Penal Code.
The informant named the petitioners and alleged that they entered into I.I.T. campus assaulted the informant and also took up one of the labourers who is still traceless.
It is submitted that the petitioners are farmers and they were protesting for acquisition of land and non-payment of appropriate compensation. Petitioners were not acquainted with the informant and the informant without giving source of knowledge Patna High Court Cr.Misc. No.16875 of 2016 (3) dt.25-07-2016 2/2 named the petitioners in the F.I.R. No injury was found on the persons of the informant.
On the other hand, learned A.P.P however opposed the prayer for anticipatory bail of the petitioners.
It appears that petitioners are named in the F.I.R., but no specific allegation is made against the petitioners. They were protesting due to non-payment of suitable compensation and no injury was found on the person of informant.
Considering the facts aforesaid, the petitioners above- named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 the Additional Chief Judicial Magistrate, Danapur in connection with Bihta P.S. Case No. 115/2014 subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/-
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