High Court Patna High Court - Orders

Nandu Dev @ Nandu Kumar Dev &Amp; … vs State Of Bihar on 11 August, 2010

Patna High Court – Orders
Nandu Dev @ Nandu Kumar Dev &Amp; … vs State Of Bihar on 11 August, 2010
                  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.
                                          -----------

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.)