Maniruddin v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41651 of 2019 Arising Out of PS. Case No.-646 Year-2018 Thana- NARPATGANJ District- Araria ====================================================== 1.
MANIRUDDIN Son of Late Majid Ali Resident of Village - Babuan, Ward No. 1, P.S.- Ghurana, O.P., District- Araria 2.
Anwar Alam Son of Maniruddin Resident of Village - Babuan, Ward No. 1, P.S.- Ghurana, O.P., District- Araria 3.
Wasik Alam Son of Maniruddin Resident of Village - Babuan, Ward No. 1, P.S.- Ghurana, O.P., District- Araria 4.
Ziaul Haque Son of Late Norul Hoda Resident of Village - Babuan, Ward No. 1, P.S.- Ghurana, O.P., District- Araria 5.
Sajjad Alam Son of Late Norul Hoda Resident of Village - Babuan, Ward No. 1, P.S.- Ghurana, O.P., District- Araria 6.
Naim Akhtar @ Naim Alam Son of Late Norul Hoda Resident of Village - Babuan, Ward No. 1, P.S.- Ghurana, O.P., District- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Gopal Kumar Jha For the Opposite Party/s :
Mr.Kumar Veerendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 16-11-2019 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest for the offences alleged under Sections 341, 323, 379, 334, 504 and 506/34 of the Indian Penal Code, registered in connection with Narpatganj (Ghurna O.P.) P.S.Case No. 646 of 2018.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute between the parties.
Patna High Court CR. MISC. No.41651 of 2019(5) dt.16-11-2019 2/3 No incriminating article has been recovered from the conscious possession of the petitioners to corroborate the accusation of theft of paddy crops from the field of the informant. The petitioners are accused in one prior case being Narpatganj P.S. Case No. 647 of 2018, which was lodged by the brother of the informant. The petitioners claim clean antecedents except their involvement in the said case.
4. Be that as it may, in the event of petitioners' arrest or surrender before court below within six weeks from the date of communication of this order, let the above named petitioners be released on bail on furnishing bail bonds of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M. Araria in connection with Narpatganj (Ghurna O.P.) P.S.Case No. 646 of 2018 (G.R.No. 3559 of 2018), subject to the conditions as laid down under Section 438(2) Cr. P.C. and also subject to the following further conditions:
(i) That one of the bailors shall be a close relative of the petitioners.
(ii) That the petitioners shall not indulge in any similar offence till conclusion of the trial. (iii) That the petitioners shall co-operate with the
Patna High Court CR. MISC. No.41651 of 2019(5) dt.16-11-2019 3/3 investigation, if not already concluded, and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioners shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, their bail bonds shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) HR/- U T