Md. Buland @ Md. Buland Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29362 of 2019 Arising Out of PS. Case No.-121 Year-2018 Thana- BIHARSHARIF District- Nalanda ====================================================== MD. BULAND @ MD. BULAND AKHTAR, Son of Abdul Hannan @ Md. Hafij Shairi Resident of Mohalla- Chhajju Hargawan, P.S.- Biharsharif, District- Naland.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Syed. Rizwanul Haque For the State :

Mr. R.B. Roy 'Raman' APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 03-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Bihar Police Station Case No. 121 of 2018 disclosing offences punishable under Sections 448, 341, 323, 326, 384, 385, 427 and 379/34 of the Indian Penal Code.

It is alleged in the First Information Report that the informant, her family members and her relatives were engaged in getting a house constructed over a piece of land recently purchased by her. It is alleged that some unknown persons came there and demanded extortion money so as to allow her to construct the house. It is also alleged that the petitioner summoned few other children from nearby to cause assault on the informant's relatives with the butt of revolver. Learned counsel for the petitioner has submitted that,

Patna High Court CR. MISC. No.29362 of 2019(2) dt.03-05-2019 2/2 as a matter of fact, the children were playing cricket and the petitioner was also participating in the game, the cricket ball had strayed into the land in question, whereafter some dispute had arisen.

Be that as it may, in the facts and circumstances of the case and the nature of accusation, this application is allowed. Let the petitioner, above-named, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand), with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Biharsharif in connection with Bihar Police Station Case No. 121 of 2018, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Ashish/- U T