Md. Mohib @ Md. Mohib Alam And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.28837 of 2018 Arising Out of PS.Case No. -148 Year- 2017 Thana -SIKANDARA District- JAMUI ======================================================
1. MD. MOHIB @ MD. MOHIB ALAM, S/o Late Salim Mian,
2. Md. Tajmul, S/o Mumtaz @ Munna, both residents of Raushandih, P.S.- Sikandra, District- Jamui.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Satya Prakash Parasar, Advocate For the Opposite Party/s : Mr. Kalyan Shankar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 27-06-2018 Heard learned counsel for the petitioners and learned APP for the State.
Petitioners apprehend their arrest in Sikandra P.S. Case No.148 of 2017 instituted for the offence under Section(s) 384, 506 Indian Penal Code and Sections 10, 11, 13, 16, 17 20 of the UAP Act.
Counsel for the petitioners has submitted that occurrence has taken place on 22.07.2017 and the Complaint has been filed on 03.08.2017. There is land dispute between the parties, which has come in the case diary.
The learned APP after looking into the case diary has submitted that in para 7 and 8 it has come that there is land dispute between the parties.
In the written report, there is general and omnibus
Patna High Court Cr.Misc. No.28837 of 2018 (4) dt.27-06-2018 2/2 allegation that rupees ten lac was demanded by the petitioners from the informant as levy and a poster was also pasted on the shop of the informant.
In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Sikandra P.S. Case No.148 of 2017, they shall be released on anticipatory 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, Jamui, subject to the conditions as laid down under Section 438(2) Cr. P. C.
with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioners.