Md. Sabir @ Sabir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26126 of 2019 Arising Out of PS. Case No.-74 Year-2018 Thana- PURNEA SADAR District- Purnia ====================================================== 1.

MD. SABIR @ SABIR Son of Usman Resident of Village - Mahendar Pur, P.S.- Sadar (Mofasil), Distt.- Purnea.

2.

Md. Tanweer @ Md. Tanber Son of Md. Karim Resident of Village - Mahendar Pur, P.S.- Sadar (Mofasil), Distt.- Purnea. 3.

Akib Son of Kasim Resident of Village - Mahendar Pur, P.S.- Sadar (Mofasil), Distt.- Purnea.

4.

Mukhtar Son of Md. Ilyas Resident of Village - Mahendar Pur, P.S.- Sadar (Mofasil), Distt.- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nadimul Hasan For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 23-04-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Sadar (Mofasil) P.S. Case no. 74 of 2018, registered under Sections 147, 149, 188 and 379 of the Indian Penal Code. The accusation is of fishing of 15 quintal of fish, illegally, from the pond, which was taken on lease by the informant Suresh Singh by 21 persons named in the F.I.R. Learned counsel for the petitioners submits that, in fact, there was dispute of fishing in pond, which has been settled

Patna High Court CR. MISC. No.26126 of 2019(2) dt.23-04-2019 2/2 by the informant and petitioners and compromise petition has also been filed in the Court of Chief Judicial Magistrate, Purnea on 07.01.2019, which would appear from Annexure-2. Moreover, eight persons named in the F.I.R. have already been allowed pre-arrest bail on 28.03.2019 passed in Criminal Miscellaneous No. 17825 of 2019 by a co-ordinate Bench of this Court.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Purnea in connection with Sadar (Mofasil) P.S. Case No. 74 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T