IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.20151 of 2010
1. Awadhesh Singh @ Awadh Rai, son of Late Keshri Singh.
2. Chhotan Singh, son of Sheomuni Singh.
Both are resident of Village- Karkatpur, P.S.-Akorhigola,
District- Rohtas at Sasaram. ..................Petitioners.
Versus
The State of Bihar ..............................Opposite Party.
For the petitioners :- Mr. Krishna Pd. Singh, Sr.Advocate.
For the State :- Mr. R.B. Roy 'Raman', A.P.P.
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2. 14. 06. 2010. Heard the parties.
In a criminal prosecution for offence under Section 452
and some other minor and bailable offences of the Indian Penal
Code as also under Section 3(i) (v) (x) of S.C. and S.T. (P.O.A.)
Act, there appears to be case and counter case vide Annexure 1 and
2 respectively from both sides.
It is submitted by the learned counsel for the petitioners
that entire occurrence had taken place because of bonafide land
dispute between the parties and both sides have sustained injuries.
The petitioners are stated to be in judicial custody since 10. 05.
2010.
In the aforesaid facts and circumstances of the case, the
above named petitioners are directed to be released on bail in
connection with Dehri S.C./S.T. P.S. Case No. 61/09, on furnishing
bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of
the like amount each to the satisfaction of the Chief Judicial
Magistrate, Rohtas at Sasaram, subject to conditions;
(a) that one of the bailors must be Govt.
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servant or close family member of the
petitioners, who will file an affidavit in the
court below showing his/her relationship with
the petitioners.
(b) if the petitioners are found involved in same
and similar natures of cases in future, then in
that case the informant/prosecution shall be
at liberty to file a petition for cancellation of
the bail of the petitioners, and if such a
petition is filed, the court below would be
obliged to dispose of the same in accordance
with law after giving opportunity of hearing
to all concerned.
(c )that petitioner shall not unlawfully remove
the informant/complainant from the land in
question, which is subject matter of dispute in
the F.I.R. vide Annexure-1. If the petitioners
make any attempt to forcibly remove the
complainant from the land in question, then it
would be construed as misuse of privilege of
bail and the court below shall be at liberty to
cancel the bail bond of the petitioners
m.p. ( Birendra Prasad Verma, J.)