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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.78011 of 2024 Arising Out of PS. Case No.-83 Year-2021 Thana- DHOLBAJJA District- Bhagalpur ======================================================
1. Tara Devi Wife of Late Tainu Ram Resident of Village- Dholbajja, P.S.- Dhobajja, Distt.- Bhagalpur
2. Pinky Devi Wife of Sanjay Ram Resident of Village- Dholbajja, P.S.- Dhobajja, Distt.- Bhagalpur
3. Sanjay Ram Son of Late Tainu Ram Resident of Village- Dholbajja, P.S.- Dhobajja, Distt.- Bhagalpur ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rajesh Kumar , Advocate For the Opposite Party/s : Mr. Chandra Bhushan Prasad , APP ======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 18-01-2025 Heard learned counsel for the petitioners and the State .
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 147, 148 , 149, 447, 323 , 341 , 354 (B), 379, 384, 385 , 504 and 506 of the Indian Penal Code . 3 . As per the prosecution case , on the alleged date and time of occurrence , all the F.I.R., named accused persons including these petitioners armed with various weapons, in
order to grab the land of the informant demanded rangdari of Rs. 5 lakhs from the informant and snatched ornaments and Rs.
Patna High Court CR. MISC. No.78011 of 2024(2) dt.18-01-2025 2/3 4000/- cash .
4. It is submitted on behalf of the petitioners that these petitioners have falsely been implicated in this case due to land dispute . These petitioners belong to Mahadalit community and they are parcha holder of the land in question . It is the informant side who tried to capture the land of the petitioners. Allegation of assault is general and omnibus. No specific overt act is alleged against these petitioners. Similarly situated co- accused persons have already granted bail by this Court vide
order dated 23.06.2023 in Cr. Misc. No. 13564 of 2024 . 5 . Learned counsel for the State oppose the bail petition . 6 Considering the fact that similarly situated co- accused persons have already granted bail by this Court and also the fact that there is no specific overt act is alleged against these petitioners and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, 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 learned Judicial Magistrate 1st Class Naugachia in the district Bhagalpur in connection with Dholbajja P.S. Case No. 83 of 2021 ,
Patna High Court CR. MISC. No.78011 of 2024(2) dt.18-01-2025 3/3 subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .
Koushik/- (Prabhat Kumar Singh, J) U