Patna High CourtCR. MISC./43815/2017bail granted

Md. Zahoor @ Md. Jahur And ORS v. The State Of Bihar

2017-09-21Mr. Justice Sanjay Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43815 of 2017 Arising Out of P.S.Case No. -110 Year- 2016 Thana -BEERPUR District- BEGUSARAI ======================================================

1. Md. Zahoor @ Md. Jahur, Son of Md. Kasim,

2. Md. Pappu Son of Md. Jalil,

3. Md. Zubair @ Md. Juber, Son of Md. Jalil, All R/o Village- Sahuri, P.S.- Birpur, District- Begusarai.

.... .... Petitioners

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Ravindra Kumar, Advocate For the Opposite Party : Mr. Manoj Kumar -1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 21-09-2017 Heard.

2. The petitioners are in custody in connection with Birpur P.S.Case No.110 of 2016 registered for an offence under Sections 447, 385, 386 and 379/34 of the IPC.

3. It has been submitted that a land dispute is going on between the petitioners and the informant for which a proceeding under Section 107 Cr.P.C. was initiated on the petition of coaccused Md. Jahagir vide case no.891 of 2016. The disputed land is the ancestral land of the family of the petitioners. The informant claims the land by virtue of purchase by their ancestor, but they have no such paper to show their title. The allegation of demand of Rangdari is omnibus and no offence under Sections 385 or 386 of

Patna High Court Cr.Misc. No.43815 of 2017 (2) dt.21-09-2017 2/2 the IPC is made out. One of the co-accused, namely, Md. Jahangir has been allowed bail by one of the coordinate Bench of this Court on 13.04.2017 in Cr.Misc.No.15050 of 2017. The case of this petitioner stands on similar footing and so they also deserve bail.

4. The learned APP opposed the submission.

5. Considering the facts and circumstances of the case and the fact that the case of this petitioners stands on similar footing, prayer is allowed and the above named petitioners are directed to be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of ACJM-Ist, Begusarai in connection with Birpur P.S.Case No.110 of 2016. (Sanjay Kumar, J) B.Kr./- U T