Patna High CourtCR. MISC./48171/2018bail granted

Fidaa Hussain And ORS v. The State Of Bihar

2018-08-23Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48171 of 2018 Arising Out of PS.Case No. -247 Year- 2018 Thana -ARARIA District- ARRARIA ======================================================

1. Fidaa Hussain S/o-Late Jamiluddin,

2. Muskil S/o-Late Jamiluddin,

3. Noor Hasan S/o-Fida Hussain,

4. Mokim S/o-Abdul Jabbar,

5. Ekhlaque @ Md. Ekhlaque S/o-Abdul Jabbar,

6. Abu Sufiyan @ Md. Pappu @ Pappu S/o-Late Md. Mofidur Rahman, all Resident of Village-Sabdita, P.S. Jokihar, District-Araria. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Md. Ziaul Quamar For the Opposite Party/s : Mr. Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 23-08-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Araria (Bairgachhi) P.S.Case No. 247 of 2017 registered for the offences punishable under Sections 447, 467, 468, 471, 420 and 506/34 of the Indian Penal Code.

Allegation against the petitioners is of making construction over the land of the Middle School. Submission of learned counsel for the petitioners is that the land does not belong to the school and a decree has been passed in favour of the petitioners and appeal was decided in their favour and in spite of that the present case has been filed.

Patna High Court Cr.Misc. No.48171 of 2018 (2) dt.23-08-2018 2/2 Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioners, named above, in the event of their arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Araria (Bairgachhi) P.S.Case No. 247 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned. (Vinod Kumar Sinha, J) spal/- U