Rogi Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42589 of 2019 Arising Out of PS. Case No.-142 Year-2019 Thana- MAJHAULIA District- West Champaran ====================================================== 1.

ROGI MIAN Son of Late Thag Mian Resident of village- Pipra Dubey, P.S.- Majhaulia, District- West Champaran.

2.

Rehman Mian Son of Late Thag Mian Resident of village- Pipra Dubey, P.S.- Majhaulia, District- West Champaran.

3.

Aslam Ansari Son of Late Hadish Ansari Resident of village- Pipra Dubey, P.S.- Majhaulia, District- West Champaran.

4.

Nabi Alam Son of Rehman Mian Resident of village- Pipra Dubey, P.S.- Majhaulia, District- West Champaran.

5.

Anwar Ansari @ Anwar Alam Son of Shahid Mian Resident of villagePipra Dubey, P.S.- Majhaulia, District- West Champaran. 6.

Jamdar Ansari @ Jamadar Ansari Son of Late Hadish Ansari Resident of village- Pipra Dubey, P.S.- Majhaulia, District- West Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the State :

Mr. R.B. 'Raman', APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-07-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Majhaulia P.S. Case No. 141 of 2019, disclosing offences under Sections 341, 323, 387, 379, 489 and 506/34 of the Indian Penal Code.

It is alleged in the FIR that the accused persons were demanding extortion money from the informant so as to forcibly occupy a piece of land, which belongs to the informant. Learned counsel for the petitioners has submitted that the petitioners and the informant are agnates and there is a property dispute between them. It has also been argued that in

Patna High Court CR. MISC. No.42589 of 2019(2) dt.10-07-2019 2/2 respect of the same piece of land, a title suit is pending being Title Suit No. 249 of 2018, in which the informant is the defendant.

Keeping in view the nature of accusation and the submission made on behalf of the petitioners, the application is allowed. Let the petitioners, above named, in the event of their arrest/surrender within six weeks from today in the court below, 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 the learned Chief Judicial Magistrate, West Champaran, Bettiah, in connection with Majhaulia P.S. Case No. 142 of 2019, subject to the condition 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 the 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) HR/- U T