Md. Masrur @ Md.Masroor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27081 of 2021 Arising Out of PS. Case No.-586 Year-2018 Thana- ARARIA District- Araria ====================================================== 1.

Md. Masrur @ Md. Masroor Alam S/o Late Abbas Resident of Village - Bagdahra, Ward No. 09, P.S. Jokihat, District - Araria. 2.

Saddam @ Md. Saddam Hussain S/o Late Abbas Resident of Village - Bagdahra, Ward No. 09, P.S. Jokihat, District - Araria. 3.

Touhid @ Touhid Alam S/o Sayeedur Rahman Resident of Village - Bagdahra, Ward No. 09, P.S. Jokihat, District - Araria. 4.

Mukhtar @ Md. Mukhtar Alam S/o Sayeedur Rahman Resident of Village - Bagdahra, Ward No. 09, P.S. Jokihat, District - Araria. 5.

Bibi Rihana @ Rihana Parveen W/o Md. Masrur Resident of Village - Bagdahra, Ward No. 09, P.S. Jokihat, District - Araria. 6.

Gufran @ Gufranul Yaquin @ Ghufranul Yaquin S/o Ainul Resident of Village - Bagdahra, Ward No. 09, P.S. Jokihat, District - Araria. 7.

Anwar @ Anwarul Haque S/o Nizam Resident of Village - Bagdahra, Ward No. 09, P.S. Jokihat, District - Araria.

8.

Ainul @ Ainul Yaquin S/o Nizam Resident of Village - Bagdahra, Ward No. 09, P.S. Jokihat, District - Araria.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anil Prasad Singh For the Opposite Party/s :

Mr. Satyadeo Singh Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 01-02-2022 Heard learned counsel for the parties through virtual court proceedings.

Learned counsel for the petitioners undertakes to remove the defects within four weeks of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the

Patna High Court CR. MISC. No.27081 of 2021(3) dt.01-02-2022 2/3 Bench.

The petitioners apprehend their arrest in Araria P.S. Case No.586 of 2018, registered for the offences punishable under Sections 143, 341, 323, 354(B), 379, 504 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. It is further submitted that there is case and counter case between the parties. It is submitted that vide Annexure-3, the petitioners had purchased the said land from the sister of the informant. Learned counsel for the petitioners submits that during the course of investigation, the petitioners have been given protection under Section 41(1) of the Code of Criminal Procedure. It is submitted that petitioners no.1, 2, 3, 4 and 6 have got one criminal antecedent and petitioners no.5, 7 and 8 have got no criminal antecedent.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioners.

Having considered the fact that the dispute between the parties is purely civil in nature, let petitioners, above named, in the event of their arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on

Patna High Court CR. MISC. No.27081 of 2021(3) dt.01-02-2022 3/3 bail on furnishing bail bonds of Rs.25,000/- (rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Araria in connection with Araria P.S. Case No.586 of 2018, subject to the conditions laid down under Section 438(2) of the Cr.P.C. (Anjani Kumar Sharan, J.) Sanjay/- U T