High Court Patna High Court - Orders

Bhola Mistry &Amp; Ors vs State Of Bihar on 8 November, 2010

Patna High Court – Orders
Bhola Mistry &Amp; Ors vs State Of Bihar on 8 November, 2010
                   IN THE HIGH COURT OF JUDICATURE AT PATNA
                              Cr.Misc. No.31574 of 2010

1.

BHOLA MISTRY, Son of Late Mathura Mistry

2.SATISH MISTRY, Son of Bhola Mistry

3.MITHILESH MISTRY, Son of Mathura Mistry
All Resident of Village Sorihpur, P.S. Warisaliganj, District Nawadah.

……..Petitioners

Versus

THE STATE OF BIHAR
……..Opposite Party

02/- 08-11-2010 Heard learned counsel for the three petitioners, Additional

Public Prosecutor for the State and learned counsel for the

informant.

Petitioners are named accused in this case instituted on the

basis of Complaint Case No. 1090 of 2008 with specific allegation

of demolishing the house and taking away the properties. No doubt,

the petitioners claim themselves as purchasers of share of a co-

sharer, but from the deed in question it does not appear that over the

lands purchased by them any house was in existence.

Considering the facts and circumstances, I do not find it a

fit case where the privilege sought for may be granted, accordingly,

the prayer for anticipatory bail in connection with Warisaliganj P.S.

Case No. 10 of 2009 pending in the court of Chief Judicial

Magistrate, Nawadah is hereby rejected.

Praveen                                                              (Akhilesh Chandra, J.)