Abdul Saki @ Sakir And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12397 of 2017 Arising Out of PS.Case No. -131 Year- 2016 Thana -KEOTI District- DARBHANGA ======================================================

1. Abdul Saki @ Sakir S/o Late Abdul Bari

2. Md. Minnat S/o Late Md. Moyeed

3. Irshad Ahmad S/o Abdul Saki @ Sakir

4. Md. Mumtaz S/o Late Moyeed

5. Md. Nomani S/o Late Abdul Hai All Resident of Village- Barhi, P.S. Keoti, District Darbhanga.

.... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar with Mr. Dharmendra Jha, Advocates For the Opposite Party/s : Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-03-2017 Heard learned counsel for the petitioners.

The petitioners are apprehending their arrest in connection with Keoti P.S. Case No. 131 of 2016 registered for the offences punishable under Sections 149, 323, 308, 380, 420, 467, 468, 471, 120B and 504 of the Indian Penal Code. It has been submitted on behalf of the petitioners that this is a case of civil dispute and there is case and counter case between the parties with respect to land dispute. It has further been submitted that from the petitioners' side Title Suit No. 332 of 2015 has been filed against the informant and others with respect to the same land prior to lodging of the present case by the informant alleging that the land belongs to him.

Patna High Court Cr.Misc. No.12397 of 2017 (2) dt.27-03-2017 2/2 Heard learned APP also.

Having heard both sides and in view of the nature of allegation, let the petitioners, named above, in the event of their arrest or surrender in the court within a period of two weeks from the date of receipt/production of a copy of this order, be released on 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 Sri Ravi Pandey, Judicial Magistrate, 1st Class, Darbhanga, in connection with Keoti P.S. Case No. 131 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that petitioners shall co-operate in the investigation and make themselves available before the police as and when required and in the event of failure on their part to appear before the police on two consecutive dates, the prosecution shall be free to move for cancellation of their bail bonds and further petitioners will not induce any witness or tamper with the evidence. (Vinod Kumar Sinha, J) spal/- U