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Patna High CourtCR. MISC./69555/2018bail granted

Md. Sukuriddin @ Sukuriddin And ORS v. The State Of Bihar

2018-12-18Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.69555 of 2018 Arising Out of PS. Case No.-155 Year-2018 Thana- MANIHARI District- Katihar ======================================================

1. Md. Sukuriddin @ Sukuriddin, Son of Sara Jahan, Resident of Village Chhitboliya.

2. Md. Azad @ Azad, Son of Ilahai @ Ellahi,

3. Nimaj Ali @ Nemaj Ali, Son of Laghu, null

4. Md. Asraful @ Md. Asaraful @ Asraful @ Mantalu @ Mantal, Son of Late Sajahan,

5. Abdul Bari @ Abdul Bariqua @ Abdul Tarik, Son of Sajahan, null

6. Md. Ahisan @ Sadddam Hussain, Son of Laghu

7. Md. Ilahai @ Ellahi, Son of Late Dhinu, All are residents of Village- Dilarpur, Pechitola, P.S.- Manihari, District- Katihar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Harish Chandra Patel For the Opposite Party/s :

Mr. Sri Ram Naresh Ray ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-12-2018 Heard learned counsel for the parties.

It is stated on behalf of the petitioner that petitioner no. 7 has been arrested during the pendency of this application. In view of aforesaid this application as against petitioner no. 7 has become infructuous.

This application for anticipatory bail arises out of Manihari P.S. Case No. 155 of 2018, disclosing offences under Sections 147, 341, 323, 324, 307, 379 and 504 of the Indian Penal Code.

There are two things apparent from the first information report. Firstly, there was some land dispute between

Patna High Court Cr.Misc. No.69555 of 2018(2) dt.18-12-2018 2/2 the parties and, secondly, the occurrence took place at the spur of the moment out of the said dispute. Petitioners have no criminal antecedent, as has been stated in this application. Considering the above submissions and the fact that the petitioners have no criminal antecedent, this application is allowed. Let the petitioner nos. 1 to 6, named above, in the event of their arrest/surrender within six weeks from today in the Court below, 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 the learned C.J.M., Katihar in Manihari P.S. Case No. 155 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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

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