DINESH KUMAR AND OTHERS Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the learned counsel for the appellants, learned counsel for the informant as well as learned counsel for the State.

(2.) This is an appeal under Section 14(A)(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, against refusal of the prayer for anticipatory bail by the learned 1st Additional Sessions Judge, Patna in connection with Patrakarnagar P.S. Case No. 69/2016 registered under Sections 427, 447, 436, 307/34 of the Indian Penal Code as well as Sections 3(i)(x) of the SC/ST (Prevention of Atrocities) Act, 1989.

(3.) The appellants are members of State Bank of India Employees Housing Co-operative Societies. A dispute is going on between the said co-operative society and Mr. Pravin Kumar Singh for claim over Plot No. 900 under Khata No. 363 in Case No. 1213M/2014. The Sub-divisional Officer, Patna Sadar observed that claims of the co-operative society on the referred land appears to be genuine vide order dated 17.01.2015 (at Annexure-2). Likewise, Mr. Pravin Kumar Singh had brought Land Dispute Case No. 165 of 2014-15 against the co-operative societies for the same plot before the D.C.L.R., Patna Sadar and the D.C.L.R. dropped the proceeding stating that there is complicated issue of title involved which is beyond the jurisdiction of the D.C.L.R. The D.C.L.R. passed order on 09.05.2015. A copy of the same has been produced by the learned counsel for the informant. The same plot is subject-matter of dispute between Mr. Virendra Bahadur Narayan Sinha and Mr. Pravin Kumar Singh in Land Dispute Case No. 160 of 2014-15.