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Patna High CourtCR. MISC./38610/2023allowed

Md. Sahjahan Ansari @ Md. Shahjahan v. The State Of Bihar

2023-08-03Mr. Justice Anjani Kumar Sharan2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38610 of 2023 Arising Out of PS. Case No.-316 Year-2022 Thana- BARAHAT District- Banka ====================================================== 1.

MD. SAHJAHAN ANSARI @ MD. SHAHJAHAN Son of Late Habib Mian Resident of village - Pania (Rainiya), P.S. - Barahat, Distt. - Banka 2.

Md. Saheb Ansari Son of Md. Sahjahan Ansari @ Md. Shahjahan Resident of village - Pania (Rainiya), P.S. - Barahat, Distt. - Banka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Abdul Kadiri Son of Md. Nasiruddin Resident of village - Masuriya, P.S. - Banka, Distt. - Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Madan Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-08-2023 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 379, 427, 385, 504, 506 & 34 of the Indian Penal Code.

3. Allegedly, petitioners along with accused persons are said to have demolished the boundary wall of the land of the informant and broke the door of the informant's house. They also demanded extortion money of Rs. 2,00,000/- from the informant, but, anyhow, the informant could pay Rs. 20,000/- to them to save his life.

4. It is submitted by learned counsel for the petitioners

Patna High Court CR. MISC. No.38610 of 2023(2) dt.03-08-2023 2/2 that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is admitted land dispute between the parties. Petitioners have no criminal antecedent as mentioned in para-3 of this application.

5. Learned APP for the State opposed the prayer for bail.

6. Having regard to the facts and circumstances of the case, as there is admitted land dispute between the parties, 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 six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Barahat P.S. Case No. 316 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. (Anjani Kumar Sharan, J) divyanshi/- U T