Patna High Court - Orders
Mukesh Kumar Paswan vs The State Of Bihar on 6 August, 2019
Author: Prabhat Kumar Jha
Bench: Prabhat Kumar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48638 of 2019
Arising Out of PS. Case No.-31 Year-2019 Thana- JOKIHAT District- Araria
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1. Mukesh Kumar Paswan Son of Bisanlal Paswan, Resident of Village -
Kesarra, P.S.- Jokihat, District- Araria
2. Bisanlal Paswan Son of Late Chheptu Paswan, Resident of Village - Kesarra,
P.S.- Jokihat, District- Araria
3. Mala Devi @ Mela Devi Wife of Bisan Lal Paswan, Resident of Village -
Kesarra, P.S.- Jokihat, District- Araria
4. Sunita Devi Wife of Suryanand Paswan, Resident of Village - Kesarra, P.S.-
Jokihat, District- Araria
5. Suryanand Paswan Son of Bisan Lal Paswan, Resident of Village - Kesarra,
P.S.- Jokihat, District- Araria
6. Parmanand Paswan Son of Bisan Lal Paswan, Resident of Village - Kesarra,
P.S.- Jokihat, District- Araria
7. Gayanand Paswan Son of Late Mohram Paswan, Resident of Village -
Kesarra, P.S.- Jokihat, District- Araria
8. Yoganand Paswan @ Yogand Paswan Son of Late Mohram Paswan,
Resident of Village - Kesarra, P.S.- Jokihat, District- Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Mukesh Kumar Rana
For the Opposite Party/s : Mr.Harendra Prasad
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA
ORAL ORDER
2 06-08-2019Heard both sides.
Petitioners apprehend their arrest in Jokihat P.S. Case No.31 of 2019 registered under Sections 147, 148, 149, 379, 384, 504 and 506 of the Indian Penal Code.
Patna High Court CR. MISC. No.48638 of 2019(2) dt.06-08-2019 2/3 The informant filed Complaint Case No.2677C of 2018 on the basis of which the present F.I.R. was registered. It is alleged that the petitioners were demanding extortion of Rs.50,000/- or 10 kathas of land for ploughing the field and taking away the crops from the field. Thereafter the accused persons started cutting the crops from the field and damaged the crops.
Learned counsel for the counsel petitioners submits that in fact there is bona fide land dispute between both the sides. Some of the petitioners filed suit for cancellation of jamabandi opened in the name of complaint. It is further submitted that petitioner no.3 earlier lodged Jokihat P.S. Case No.361 of 2015 under Sections 341, 323, 354B, 379 of the I.P.C. and Section 3(i)(x) of the SC/ST Act against the informant party.
Having considered the facts aforesaid and the fact that there is a land dispute between both sides, the above named petitioners, in the event of their arrest or surrender before the learned 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 bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Araria in connection with Jokihat Patna High Court CR. MISC. No.48638 of 2019(2) dt.06-08-2019 3/3 P.S. Case No.31 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
(Prabhat Kumar Jha, J) Harish/-
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