Mehadi Hasan Gaddi @ Medi Hasan Gaddi And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.47944 of 2017 Arising Out of PS.Case No. -111 Year- 2017 Thana -JOGAPATTI DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Mehadi Hasan Gaddi @ Medi Hasan Gaddi, Son of Sarwan Gaddi,
2. Taharoj Gaddi @ Tabrez Gaddi Son of Pannalal Gaddi,
3. Amil Gaddi Son of Mir Hasan Gaddi,
4. Mir Hasan Gaddi Son of Sarwan Gaddi,
5. Pannalal Gaddi Son of Sarwan Gaddi, All R/o Village- Badharwa, P.S.- Yogapatti, District- West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar No.-7 For the Opposite Party/s : Mr. Sri Uma Shankar Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-10-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Jogapatti P.S. Case No. 111 of 2017 instituted for the offence under Sections-325, 379 & other minor Sections of the Indian Penal Code.
It has been submitted that the instant case has been filed by the informant on account of land dispute. The petitioner has purchased the land in question over which, they were making construction which was protested by the informant. It has been submitted that the petitioners have purchased the land through registered sale deed from one Chandradeo Mishra on 11-11-1971.
It is alleged in the written report that accused persons assaulted the informant and his family members.
Patna High Court Cr.Misc. No.47944 of 2017 (2) dt.17-10-2017 2/2 The injury reports have been annexed as Annexure-4 series wherein the doctor has found all the injuries as swelling, bruise etc. which are simple in nature.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Jogapatti P.S. Case No. 111 of 2017 to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah subject to condition as laid down u/S 438(2) of the 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) A.K.V./- U T