Mustaquim Mian And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34110 of 2017 Arising Out of PS.Case No. -203 Year- 2016 Thana -BAIRIYA District- WEST CHAMPARAN (BETTIAH) ======================================================

1. Mustaquim Mian,

2. Taj Mian

3. Nazir Mian All sons of Jumrati Mian.

4. Jumrati Mian, son of late Fateh Mian

5. Arfan Mian, son of Taj Mian All are resident of village Sirisiya Mathiya, P.S. Bairiya, Distt. West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Kishor Mishra, Advocate. For the Opposite Party/s : Mr. Pramod Kumar Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-07-2017 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Bairiya P.S. Case No. 203 of 2016 instituted for the offence under Sections 147, 149, 447, 341, 323, 354(B), 354(D), 504 and 506 of the Indian Penal Code.

It has been submitted on behalf of the petitioners that there is land dispute between the parties.

As per written report, there is general and omnibus allegation against the petitioners of assaulting the informant. There is land dispute between the parties.

Patna High Court Cr.Misc. No.34110 of 2017 (2) dt.20-07-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Bairiya P.S. Case No. 203 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IV, Bettiah, Distt. West Champaran, subject to the conditions as laid down under Section 438 (2) Cr. P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and

(3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.

(Sanjay Priya, J) S.Ali/- U T