Md. Khursid Alam @ Khursid @ Kranti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12029 of 2020 Arising Out of PS. Case No.-122 Year-2019 Thana- SAKURABAD District- Jehanabad ======================================================
1. Md. Khursid Alam @ Khursid @ Kranti, aged about 50 years, son of Late Mustafa.
2. Baban aged about 20 years, son of Mr. Khursid Alam @ Khursid @ Kranti, both residents of Village Kansua, P.S. Shakurabad, Distt. Jehanabad. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Jogendra Kumar, Adv.
For the Opposite Party/s :
Mr.Jitendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 26-06-2020 Heard learned counsel for the petitioners and learned APP for the State, through video conferencing. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in connection with Shakurabad P.S. Case No. 122 of 2019 registered under sections 323, 341, 325, 379, 308, 504 and 34 of the Indian Penal Code.
As per allegation in the FIR, it is stated by the informant that the three named accused persons including the two petitioners herein assaulted him. It is stated that both the petitioners abused the informant and on the orders of the petitioner no. 1, co-accused Jhunnu stuck him with rod on his head while the petitioner no 2 stuck him with the stick on his
Patna High Court CR. MISC. No.12029 of 2020(2) dt.26-06-2020 2/3 left shoulder, back and leg.
It is submitted by learned counsel for the petitioners that the allegations as levelled in the FIR are false and concocted. The petitioners have been falsely implicated in the case for the reason of land dispute between the parties. The land for which an agreement for sale had been entered by the petitioner no. 1 and for which some amount by way of advance have also been given, the informant got the the said land registered in his favour. The petitioner no. 1 on coming to know this fact filed Title Suit No. 127 of 2017 against the vendor. The application for bail is opposed by learned APP for the State.
Having heard learned counsel for the parties and taking into consideration the facts and circumstances of the case including the nature of allegation together with the fact of pendency of suit between the parties, the Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of eight weeks from today and in the event of their arrest or surrender in connection with Shakurabad P.S. Case no. 122 of 2019, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the
Patna High Court CR. MISC. No.12029 of 2020(2) dt.26-06-2020 3/3 satisfaction of learned Chief Judicial Magistrate, Jehanabad subject to the condition as laid down under section 438(2) of the Cr.P.C.
(Partha Sarthy, J) sushma/- U T