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Patna High CourtCR. MISC./30271/2015bail granted

Md. Jamil And ORS. v. The State Of Bihar

2015-08-05Justice Smt. Anjana Mishra2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30271 of 2015 Arising Out of PS.Case No. -243 Year- 2015 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Md. Jamil

2. Md. Irsad, both sons of Israil Mian

3. Israil Mian son of Chulhai Mian, all residents of village Majuraha Police Station Turkauliya, District East Champaran (Motihari)

4. Md. Imteyaz alias Imteyaz Alam alias Md. Imteyaz Mian son of Serajul Mian, resident of village Nakchhedi tola, P.S. Nagar Thana, Motihari, Dist. East Champaran Motihari .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Binoy Kumar, Adv. For the Opposite Party/s : Mr. Nand Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 05-08-2015 Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending their arrest in connection with Turkauliya P.S. Case No. 243 of 2015 arising out of G.R. Case No. 1325 of 2015 registered for the offences punishable under Sections 341, 323, 385, 387, 379, 504 and 506/34 of the Indian Penal Code.

Learned counsel for the informant is also present and submits that actually the petitioners had been demanding Rangdari from the informant's side which had been resisted by them. Learned counsel for the informant further submits that on failure

Patna High Court Cr.Misc. No.30271 of 2015 (2) dt.05-08-2015 2/2 of such demands the petitioners indulged in mar-pit as a result of which he was constrained to file the present case. Learned counsel for the petitioners however submits that prior to filing of the present case, the wife of the petitioner had also filed First Information Report vide Turkauliya P.S. Case No. 128 of 2015 dated 08.02.2015 in which it has been clearly stated that there was land dispute between the parties and the informant's side had been ill-treating them and behaving in a belligerent manner.

Considering the nature of allegation as also the fact that the petitioners have no criminal antecedent, let the above named petitioners, in the event of their arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, 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 the learned Chief Judicial Magistrate, East Champaran at Motihari in connection with Tirkauliya P.S. Case No. 243 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C. (Anjana Mishra, J.) Vats/- U T