Md. Ekbal And ORS v. The State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12501 of 2019 Arising Out of PS. Case No.-487 Year-2018 Thana- BRAHMPUR District- Buxar * ====================================================== 1.

MD. EKBAL Son of- Taiyab @ Bunai, Gender -Male aged about 47 years Resident of village-Brahampur,p.s-Brahampur,Dist-Buxar. 2.

Tisu Son of- Md. Ekbal Gender -Male aged about 19 years Resident of village-Brahampur,p.s-Brahampur,Dist-Buxar.

3.

Asif Son of- Md. Ekbal Gender -Male aged about 24 years Resident of village-Brahampur,p.s-Brahampur,Dist-Buxar.

4.

Jugnu Son of-Md. Ekbal Gender -Male aged about 22 years Resident of village-Brahampur,p.s-Brahampur,Dist-Buxar.

... ... Petitioners

Versus

1.

The State of Bihar 2.

Munna Yadav Gender -Male aged about years s/o-Paras Yadav Resident of village-Brahampur,p.s-Brahampur,Dist-Buxar.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar Singh, Advocate For the Opposite Party/s :

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 05-03-2019 Heard learned counsel for the petitioners. No one appears on behalf of the State to oppose this application. The petitioners apprehend their arrest in connection with Brahampur P.S. Case No. 487 of 2018 registered for the offences punishable under Sections 342, 341, 323, 385, 387, 504, 506/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that in the present case the alleged occurrence is said to have taken place on 21.09.2018 when the Anchal Amin is said to have arrived on the land for measurement but the written complaint in this regard has been lodged by the informant on 28.10.2018 i.e. after more than

Patna High Court CR. MISC. No.12501 of 2019(2) dt.05-03-2019 2/2 one month.

It is submitted that the allegation is that of threatening. There is no allegation of assault and no injury is said to have been caused to any of the informant's side. It is further submitted that the dispute is with regard to land in question. In the given facts and circumstance of the case, considering the submission that the FIR was lodged more than one month after the date of alleged occurrence and no injury has been caused to the informant, let the petitioners above named, in the event of their arrest or surrender within four weeks from today in connection with Brahampur P.S. Case No. 487 of 2018, be released on bail on execution of bail bonds of Rs. 15,000/- (fifteen thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M.

, Buxar, subject to the condition that the petitioners shall join the investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C.