Md. Sagir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37458 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- RAXAUL District- East Champaran ====================================================== 1.
Md. Sagir Son of Late Md. Easa @ Isha Resident of Village - Bara Pareuwa, Ward No.- 17/16, P.S.- Raxaul, District - East Champaran 2.
Tairullah @ Lalbabu @ Md. Tairullah Son of Late Atahussain Resident of Village - Amodehi, P.S.- Ramgadhwa, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Kundan Rathore, Advocate For the Opposite Party/s :
Mr. Uma Shankar Prasad Singh, A.P.P.
For the Informant :
Mr. Abhishek Ranjan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-08-2024 Heard learned counsel for the petitioners, informant and the State.
2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 341, 323, 379, 467, 468, 471, 385, 506/34 of the Indian Penal Code.
3. As per the prosecution case, on the alleged date and time of the occurrence, all the F.I.R. named accused persons including these petitioners, variously armed, came and tried to take possession over the land of informant. It is further alleged that the accused persons also threatened informant and demanded Rs. 2 lacs and took away wooden gate, cylinder, oven, wood of Sakhuwa.
Patna High Court CR. MISC. No.37458 of 2024(4) dt.28-08-2024 2/2
4. Learned counsel for the petitioners submits that there is land dispute between one Parmatma Pandey and Sona Devi, wife of co-accused Late Birendra Rai and both of them claimed the land in question. Petitioners are co-villagers and they have got no concern with the said plot. Case and counter case. Allegation against the petitioners is general and omnibus.
5. Learned counsel for the informant vehemently opposed the bail application.
6. Considering the backdrop of the case and nature of accusation, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of six weeks from today, be enlarged 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 Chief Judicial Magistrate, East Champaran, Motihari in connection with Raxaul P. S. Case No. 22 of 2024, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Prabhat Kumar Singh, J) Navya/- U T