Md. Tayab @ Shekh Tayab @ Md. Taiyab And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32548 of 2018 Arising Out of PS.Case No. -103 Year- 2017 Thana -JAMALPUR District- DARBHANGA ======================================================

1. MD. TAYAB @ SHEKH TAYAB @ MD. TAIYAB S/o late Sekh Yakub

2. Md. Tazim @ Shekh Tazim S/o late Sekh Yakub

3. Mansoor @ Shekh Mansoor S/o late Sekh Yakub All are R/v Mansara, P.S. Jamalpur, District- Darbhanga.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 28-06-2018 The petitioners are apprehending their arrest in connection with Jamalpur (Bargaun O.P.) P.S. Case No. 103 of 2017, registered for offences punishable under Sections 147, 148, 149, 341, 323, 308, 354(B), 427, 504 and 506 of the Indian Penal Code.

Allegation against the petitioners and others is of assault to the informant and ladies members of the family of the informant causing injures to them.

It has been submitted on behalf of the petitioners that there is case and counter case between the parties and land dispute is admitted and a proceeding under Section 144 Cr.P.C was also decided in favour of the petitioners and out of annoyance,

Patna High Court Cr.Misc. No.32548 of 2018 (2) dt.28-06-2018 2/3 informant has filed the present false case.

Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate - Biraul, Darbhanga, in connection with Jamalpur (Bargaun O.P.) P.S. Case No. 103 of 2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates

Patna High Court Cr.Misc. No.32548 of 2018 (2) dt.28-06-2018 3/3 without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T