Mostaquim Mian @ Mastaquim Mian And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27386 of 2017 Arising Out of PS.Case No. -260 Year- 2015 Thana -SIKARPUR DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Mostaquim Mian @ Mastaquim Mian, Son of Late Akbar Mian,
2. Ejajul Mian @ Ijajul Mian, Son Sakur Mian, Both residents of VillageChengauna, Police Station- Shikarpur, District- West Champaran at Bettiah. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Upadhyay Sourabh Kumar Mr. Raghunandan Kumar Singh For the Opposite Party/s : Mr. U.L. Verma, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 11-07-2017 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners apprehend their arrest in connection with a case registered for the offences punishable under Sections 341/323/354/448/504/34 of the Indian Penal Code. Learned counsel for the petitioners submits that there was a dispute with regard to rasta between the parties and, therefore, the informant has lodged the present case. There is also no plausible explanation offered by the informant for the delay in filing of the First Information Report as admittedly the occurrence is said to have taken place on 21.06.2015 whereas the First Information Report has been instituted on 23.06.2015.
Patna High Court Cr.Misc. No.27386 of 2017 (2) dt.11-07-2017 P2/2 Considering the aforementioned facts and circumstances and that there is dispute between the parties with regard to rasta and that the petitioners have no criminal antecedent, let the petitioners above named, in the event of their arrest / surrender within a period of four weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Shikarpur P.S. Case No. 260 of 2015,, subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Anjana Mishra, J) Saif/- U T