Sharif @ Sharif Alam And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.33943 of 2018 (2) dt.07-06-2018
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.33943 of 2018 Arising Out of PS.Case No. -662 Year- 2017 Thana -KISHANGANJ District- KISANGANJ ======================================================
1. Sharif @ Sharif Alam.
2. Sohrab @ Md. Sohrab Alam, Both son of Late Ismail, resident of Village- Balia Manjhok, P.S. + District- Kishanganj. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pawan Kumar Singh, Adv. For the Opposite Party/s : Mr. Sri Ram Naresh Ray, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-06-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Kishanganj Police Station Case No. 662 of 2017, disclosing offences under Sections 406 and 420/34 of the Indian Penal Code.
Learned Counsel for the petitioners has submitted that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, the occurrence is said to be of the year 2009-2014 whereas the F.I.R. has been lodged on 06.12.2017 after lapse of three years without explaining the plausible delay. Moreover, there is land dispute between the parties and on account of that, theses petitioners
Patna High Court Cr.Misc. No.33943 of 2018 (2) dt.07-06-2018 have falsely been implicated in this case. Hence, the petitioners deserve the privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on 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 Chief Judicial Magistrate, Kishanganj, in connection with Kishanganj Police Station Case No. 662 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) brajesh/- U T