CR. MISC./32511/2016 of Banarsi Tanti @ Banarsi Sah and Ors Vs The State Of Bihar on 23 December 2016

ORAL ORDER

2

23-12-2016

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 147/ 148/341/323/307/379/448/504 of the Indian Penal Code.

Learned counsel for the petitioners submits that both the petitioners and the informant’s side are agnates and there is a land dispute pending between them and Section 144 Cr. P.C. had also been imposed for the land which was the subject-matter of the dispute. He submits that there is case and counter case between the parties on account of the dispute which has arisen. It is submitted that petitioner No. 1 has been merely alleged to be an order giver whereas there is allegation against the petitioner Nos. 2 and 3. It Saif/- U T

is alleged that the informant’s side had attacked the lady members of the petitioner’s side and as a result of which, Lukhiya Devi who is wife of Shankar Tanti had also been attacked with similar injuries.

Considering the close proximity of relationship between the petitioners and there being history of land dispute with case and counter case between the parties, let the petitioners abovenamed, in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate, Darbhanga in connection with Biraul P.S. Case No. 353/2015, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.

(Anjana Mishra, J)