Md. Mojim And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17603 of 2019 Arising Out of PS. Case No.-275 Year-2018 Thana- LALGANJ District- Vaishali ====================================================== 1.

MD. MOJIM Son of Sakur Sah Resident of Village - Purainia, P.S.- Lalganj, Distt.- Vaisali.

2.

Md. Salim Son of Sakur Sah Resident of Village - Purainia, P.S.- Lalganj, Distt.- Vaisali.

3.

Md. Halim Son of Sakur Sah Resident of Village - Purainia, P.S.- Lalganj, Distt.- Vaisali.

4.

Md. Rojwa Sagh @ Rojawa Sah Son of Sakur Sah Resident of Village - Purainia, P.S.- Lalganj, Distt.- Vaisali.

5.

Jalida Khatoon @ Jalina Khatoon Wife of Sakur Sah Resident of Village - Purainia, P.S.- Lalganj, Distt.- Vaisali.

6.

Sabnam Khatoon Wife of Md. Halim Resident of Village - Purainia, P.S.- Lalganj, Distt.- Vaisali.

7.

Nuraisa Khatoon Wife of Md. Salim Resident of Village - Purainia, P.S.- Lalganj, Distt.- Vaisali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mrs. Rina Sinha For the Opposite Party/s :

Mr.Anant Kumar 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 27-03-2019 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 323, 324, 325, 341, 447, 448, 307,379, 504, 506/34 IPC registered in connection with Lalganj P.S.Case No. 275/2018.

3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute and the parties are family members and patidaars. There is no injury to the informant's side. The petitioners claim clean antecedents.

4. Be that as it may, in the event of the petitioners arrest or

Patna High Court CR. MISC. No.17603 of 2019(2) dt.27-03-2019 2/2 surrender before the court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned CJM, Vaishali at Hajipur, in connection with Lalganj P.S. Case No. 275/2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C. and also subject to the following further conditions: i. That one of the bailors shall be a close relative of the petitioners. ii. That the petitioners shall not indulge in any similar offence till conclusion of the trial.

iii. That the petitioners shall co-operate with the investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

iv. The petitioner nos. 1 to 4 shall remain physically present and petitioner nos. 5, 6 and 7 shall be well represented in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned. (Vikash Jain, J) Chandran/- U T