Case Facts:
IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.6072 of 2012 ====================================================== 1. Mahatma Vedprakash Nand @ Ved Prakash Disciple Of Swami Satyanand Jee Maharaj R/O Brahma Vidyalaya Ashram, Chhotka Rajpur, P.S.Simari, Distt-Buxar At Present R/O Vill Nandan Kutee , P.S.Chainpur, Distt-Kaimur(Bhabhua) 2. Lal Babu Singh S/O Late Baijnath Singh R/O Vill Nandan, P.S.Chainpur, Distt-Kaimur(Bhabhua) 3. Rakesh Yadav S/O Anirudh Yadav R/O Vill Nandan, P.S.Chainpur, Distt-Kaimur(Bhabhua) .... .... Petitioner/s Versus 1. The State of Bihar .... .... Opposite Party/s ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 2 08-02-2012 Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the informant. The petitioners apprehend their arrest in connection with a case registered for the offence punishable under [STATUTE] . It is submitted that admittedly there is long standing dispute between the parties with regard to land which travelled up to the Supreme Court also. There are several criminal cases between the parties. The doctor who granted injury report first found the injuries to be simple in nature. By a subsequent injury report the doctor has opined that one of the injury was grievous in nature. The allegation is of causing injury by butt of the pistol. Had there been any intention to kill instead of causing injury from Patna High Court Cr.Misc. No.6072 of 2012 (2) dt.08-02-2012 2 the butt portion of the pistol gun shot injury would have been caused. Thus, it is contended that that offence punishable under [STATUTE] would not be attractive. Be that as it may, considering the facts and circumstances of the case as well as the fact that two of the co- accused namely, Bajrangi Kannaujia and Awanish Kumar Singh @ Anish Kumar Singh having more or less similar allegation have already been granted anticipatory bail by order dated 26.3.2011 passed in Cr.Misc. No.42084 of 2001 by another Bench of this court, let the petitioners named above, in the event of arrest or surrender, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kaimur at Bhabua in connection with Chainpur P.S. Case No.90 of 2010 corresponding to Trial No. 2515 of 2011 subject to the conditions as laid down under section 438(2) of the Code of Criminal Procedure and also subject to the condition that (i) both the bailors will be close relative of the petitioners who will give separate affidavit giving genealogy as to how they are related with the petitioners, (ii) that the petitioners shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him to Patna High Court Cr.Misc. No.6072 of 2012 (2) dt.08-02-2012 3 disclose such facts to the court or to any other authority, (iii) that they shall remain present before the court on the dates fixed for hearing of the case. If they want to remain absent, then they shall take prior permission of the court and in case of compelling and unavoidable circumstance for remaining absent, they shall immediately inform the court and request that they may be permitted to be present through the counsel and (iv) that liberty is given to the State to make an appropriate application for modification/recalling the order granting bail, if for any reason, the petitioners violate any of the conditions imposed by this court. Md.S./- (Ashwani Kumar Singh, J)

Applicable IPC Section: 448

Statute Text:
Section 448 of the Indian Penal Code. House-trespass. Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.