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2025 DAILYLAW 33091 (PAT)

Sushant Kumar v. The State of Bihar

CR. MISC./21896/2025 · 2025-04-30

Anil Kumar Sinha

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21896 of 2025 Arising Out of PS. Case No.-236 Year-2024 Thana- HALSI District- Lakhisarai ====================================================== 1. Sushant Kumar S/o- Late Sadhu Sharan Singh R/o - Saithna, P.S - Halsi, District - Lakhisarai 2. Shiv Pujan Kumar @ Shiv Pujan @ Shiv Pujan Singh S/o- Mithilesh Singh R/o - Saithna, P.S - Halsi, District - Lakhisarai 3. Balram Singh S/o- Late Kishun Singh R/o - Saithna, P.S - Halsi, District - Lakhisarai 4. Uday Shankar Singh S/o- Late Kishun Singh R/o - Saithna, P.S - Halsi, District - Lakhisarai 5. Baban Kumar S/o- Chandra Bhushan Singh R/o - Saithna, P.S - Halsi, District - Lakhisarai 6. Raj Kumar Singh @ Dukhan Ji S/o- Parshuram Singh R/o - Saithna, P.S - Halsi, District - Lakhisarai 7. Pramod Kumar S/o- Late Sukhdeo Singh R/o - Saithna, P.S - Halsi, District - Lakhisarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Arun Kumar, Advocate For the Opposite Party/s : Ms.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 30-04-2025 1. Heard learned Counsel for the petitioners and learned APP for the State. 2. This application, for grant of anticipatory bail, arises out of Halsi PS case no. 236 of 2024, disclosing offences punishable under Section 115(2) and other allied sections of B.N.S. Act. 3. The prosecution story, as per the First Information Patna High Court CR. MISC. No.21896 of 2025(2) dt.30-04-2025 2/4 Report, is that the petitioners along with other accused persons, total 17 in number, tried to forcibly entered into the land of the informant bearing khata no. 191, khesra no. 63, 174, khata no. 190, khesra no. 357, 335 having a total area opf 21 acres. It has further been alleged that accused persons forcibly started ploughing the land and when protested, petitioner no. 5 opened fire with countrymade pistol and threaten to kill and also demanded a sum of Rs. 5 lacs as extortion. 4. Learned Counsel for the petitioners submits that petitioners are the purchasers from the rightful owner of the land. The informant side is also claiming the land on the basis of fact that C.S. Khatiyan in 1909-10 is in the name of forefather of the informant but in the year 1917, when forefather of the informant did not pay the rent to the then zamindar, the land in question, which is about 21 acres was auctioned sold and one Bhagirath Singh purchased the land in the Auction Sale Case No. 11 of 1917 and Bhagirath Singh came into possession after abolition of zamindari system. Register II was created in his name and subsequently, the land was purchased by the petitioners. Learned counsel further submits that the informant in the year 2003-04, for the first time, filed a case bearing Jamabandi Correction Case No. 23 of 2003-04 by playing fraud Patna High Court CR. MISC. No.21896 of 2025(2) dt.30-04-2025 3/4 in collusion with Circle Officer, Halsi. He also submits that some interpolation was made in the Jamabandi register. However, Title Suit has been filed between the parties which is still pending. 5. On the other hand, learned counsel for the informant submits that the case registered under Section 145 Cr.P.C. was started and the litigant went up to Hon’ble Supreme Court, in which the Supreme Court passed the order giving liberty to the parties to file appropriate suit before appropriate court. Title Suit No. 57 of 2020 has been filed by petitioner, which has been dismissed due to non-compliance of Sheristadar report dated 15.02.2023. He further submits that there is criminal antecedent against all the petitioners. 6. In reply, learned counsel for the petitioners submits that all the cases, which has been referred to in paragraph no. 3 of the bail application, have been lodged by the side of the informant due to land dispute. He further submits that no body has sustained any injury, much less, any firearm injury. 7. Regard being had to the submissions made on behalf of the parties and taking into consideration the longstanding land dispute between the parties and no body has sustained injury in the incident, I am inclined to grant Patna High Court CR. MISC. No.21896 of 2025(2) dt.30-04-2025 4/4 the privilege of anticipatory bail to the petitioners. 8. This application is, accordingly, allowed. 9. Let petitioners, abovenamed, in the event of their arrest or surrender before the Court below within six 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 Judicial Magistrate-1st class, Lakhisarai in connection with Halsi PS case no. 236 of 2024, subject to the condition laid down under Section 482 (2) of the Code of Criminal Procedure. rinkee/- (Anil Kumar Sinha, J) U T