IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.25990 of 2010
1. NANDU DEV @ NANDU KUMAR DEV SON OF
SUBHASH DEV @ SUBHASH DEV.
2. SHIV KUMAR DEV @ SHIV KUMAR SON OF BIHARI
LAL DEV, BOTH RESIDENT OF VILLAGE
BHAINSLOTI, DEV NAGAR, P.S. KURLIKOT
(THAKURGAN), DISTRICT KISHANGANJ
- PETITIONHER.
Versus
STATE OF BIHAR--OPP. PARTY.
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2/ 11-08-2010 Heard the parties.
In a criminal prosecution for offences under
section 436 and some other allied and minor offences
under the Indian Penal Code, as also under section 3(1)
(x) (xv) and under section 3(2) of the SC/ST ( P.O.A.) Act,
an altercation is said to have taken place between the
petitioners at one side and the son of the informant at the
other side on the question of irrigation of potato field.
According to the F.I.R.( Annexure-1), son of the informant
was insisting that his potato field should be irrigated
from the boring of these petitioners . The petitioners are
said to have refused for the same. Whereafter some
altercation took place between the parties, resulting in
assault by fists. Slaps etc. to the son of the informant.
Petitioners are also alleged to have put fire at the house
of the informant, as a result of which some portion of the
house is said to have burnt.
It is submitted that the petitioners and the
informant are neighbours and entire occurrence had
2
taken place because of refusal by the petitioners to
irrigate the land of informant. Petitioner No.1 is stated to
be in judicial custody since 22.03.2010 and petitioner
no.2 is stated to be in judicial custody since 14.03.2010.
It is further submitted that some other accused persons
have been granted anticipatory bail by a Bench of this
Court by order dated 12.03.2010 passed in Cr. Misc. No.
3743 of 2010 ( Annexure-5).l
In the facts and circumstances of the case,
the above named petitioners are directed to be enlarged
on bail on furnishing bail bond of Rs. 10,000/- each with
two sureties of the like amount each to the satisfaction of
Chief Judicial Magistrate, Kishanganj in connection with
Thakurganj ( Kurlikot ) P.S. Case No. 246 of 2009.
BTiwary/ (Birendra Prasad Verma, J.)