Samad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.31463 of 2019 Arising Out of PS. Case No.-13 Year-2019 Thana- POTHIYA District- Kishanganj ====================================================== 1.

Samad Alam, aged about 70 years, Male, Son of Late Badruddin 2.

Khus Mohammad, aged about 45 years, Male, Son of Late Rahmat Ali 3.

Shah Alam @ Shalam, aged about 35 years, Male, Son of Siyatuddin 4.

Iman Ali, aged about 40 years, Male, Son of Siyatu All resident of Jalalpur, P.S.- Pothia, Distt.- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar For the Opposite Party/s :

Mr.Ram Anurag Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 13-05-2019 Heard learned counsel for the petitioners and learned counsel for the State.

In this case, the petitioners are apprehending their arrest in connection with Pothia P.S. Case No. 13 of 2019 registered for offences under sections 447, 341, 504, 506, 384/34 of the Indian Penal Code.

As per allegation made in the First Information Report, an altercation took place on account of taking possession of the land. The Informant and the petitioners' side are claiming each other for the right, title and interest over the disputed land and, on that account, the present case has been lodged.

Patna High Court CR. MISC. No.31463 of 2019(2) dt.13-05-2019 2/2 Learned counsel for the petitioners submits that the present criminal case has been lodged after 36 days of alleged incident.

Looking to the entire facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the court below within a period of four weeks from today, 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 Additional Chief Judicial Magistrate, Kishanganj in connection with Pothia P.S. Case No. 13 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call the petitioners for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled. (Shivaji Pandey, J) rishi/- U T