Nek Mohammad And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.20922 of 2018 Arising Out of PS.Case No. -506 Year- 2017 Thana -GHORASAHAN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Nek Mohammad, S/o Late Md. Alam,

2. Md. Mustafa, S/o Late Md. Alam,

3. Abu Mohammad S/o Late Md. Alam, All R/o Village- Bakulia, P.S.- Ghorasahan, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Singh For the Opposite Party/s : Mr. Sri Anant Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 30-04-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Ghorasahan P.S.Case no.506 of 2017 , registered for offences punishable under Sections 420, 467, 468 and 471 of 34 of the Indian Penal Code.

Allegation against the petitioners is of selling the land at the total cost of Rs.1,85,000/-, showing the land of their share but the informant was not given possession over the said land. Submission of the learned counsel for the petitioners is that the land belongs to the petitioners as the land is of their share and some amount is due with the informant, due to which the present case has been lodged.

Patna High Court Cr.Misc. No.20922 of 2018 (2) dt.30-04-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sikrahana at Dhaka, East Champaran in connection with Ghorashahan P.S.Case No.506 of 2017, subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T