Akram Raza v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36912 of 2019 Arising Out of PS. Case No.-368 Year-2018 Thana- MANJHAGARH District- Gopalganj ====================================================== 1.

Akram Raza Son of Abdul Gaffar Resident of Village- Koini, Ansari Tola, Police Station- Manjhagarh, District- Gopalganj. 2.

Aslam @ Aslam Raza Son of Abdul Gaffar Resident of Village- Koini, Ansari Tola, Police Station- Manjhagarh, District- Gopalganj. ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Lokesh Kumar Singh, Advocate For the Opposite Party :

Mr.Ram Priya S. Singh, Addl Public Prosecutor ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 21-08-2019 Heard learned counsel for the petitioners and learned counsel for the State.

Petitioners apprehend their arrest in a case registered for the offence punishable under Sections 307, 379/504 and other allied sections of the Indian Penal Code. Informant alleges that the accused persons were engaged in digging a piece of land adjacent to his residential house with a view to get possession over the said land and when the same was protested by the informant, the accused persons including the petitioners, variously armed, entered into the house of the informant, assaulted him and his family members and took away cycle, pumping set etc from the house. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case, there is admittedly a land dispute between the parties, nothing specific has been attributed against the petitioners and they have got no criminal antecedent. It is further submitted that for the occurrence of 20.11.2018, FIR was lodged on 28.11.2018

Patna High Court CR. MISC. No.36912 of 2019(3) dt.21-08-2019 2/2 without any explanation of delay of 8 days in lodging the same. Considering the facts of the case, let both the petitioners, above named, in the event of their arrest/surrender before the Court below within a period of six weeks from the date of receipt of the order, 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 Chief Judicial Magistrate, Gopalganj in Manjhagarh Police Station Case No. 368 of 2018, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure as well as condition that the petitioners shall fully co-operate with the investigation and trial of the case, failing which the Court below shall be at liberty to cancel the bail bond of the petitioners. (Prabhat Kumar Singh, J) Shashi U T