IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.30182 of 2010
1. MANOJ BHAGAT,
2. MUNNA BHAGAT, BOTH SONS OF SRI MAHENDRA
BHAGAT,
3. MAHENDRA BHAGAT, S/O- LATE VIROG BHAGAT, ALL
RESIDENT OF VILLAGE- MADHOPUR, P.S.- MOTIPUR,
DISTRICT- MUZAFFARPUR :---- PETITIONERS.
Versus
THE STATE OF BIHAR :-----OPPOSITE PARTY.
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2. 05.10.2010. Heard learned counsel for the petitioners and the State.
Petitioners are apprehending their arrest in connection with a
case registered for the offence under Section 379/34 of the Penal Code and
are alleged to have forcibly fell Shisham tree of the informant. It is
submitted on behalf of the petitioners that the lands-in-question belong to
the common ancestor of the petitioners and the informant and on account of
the land dispute this false allegation has been made.
Once the dispute between the petitioners and the informant is
admitted, they ought not to have proceeded to fell Shisham tree without
settlement of the dispute. In the circumstances, I am not inclined to admit
the petitioners to the privilege of bail in the event of arrest. They are
directed to surrender in the court below in connection with Motipur
P.S.Case No. 146/2009 within a period of four weeks from the date of
receipt of a copy of this order in the court below (Chief Judicial Magistrate,
Muzaffarpur) and apply for regular bail which should be considered in
accordance with law without being prejudiced by the fact that this Court has
not admitted them to the privilege of bail in the event of arrest.
(V.N.Sinha,J.)
P.K.P.