Faruk Mian And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55310 of 2018 Arising Out of PS.Case No. -48 Year- 2018 Thana -SATHI DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Faruk Mian, Son of Usman Mian.
2. Maruph Mian, Son of Usman Mian.
3. Islam Mian, Son of Fajil Mian.
4. Tabrej Alam, Son of Islam Mian,
5. Bhulai Mian @ Samim Alam, Son of Kalam.
All are resident of Village- Parsauni, Police Station- Sathi, District- West Champaran.
.... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Arbind Kumar Singh, Advocate. For the Opposite Party : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 06-10-2018 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, 354, 427, 379, 406, 420, 34 of the Indian Penal Code registered in connection with Sathi P.S. Case No. 48 of 2018, G.R. No. 899 of 2018.
3. It is submitted that the petitioners have been falsely implicated in the backdrop of land dispute as the informant was illegally seeking to construct over the petitioner's land purchased under the sale deed (Annexure-2). There is case and counter case
between the parties. The injuries are simple in nature. Petitioners claim clean antecedents.
4. Be that as it may, having regard to the entirety of the facts and circumstances of the case, in the event of the petitioners' arrest or surrender before the 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 bond of Rs.10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran, Bettiah in connection with Sathi P.S. Case No. 48 of 2018, G.R. No. 899 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) The petitioners shall cooperate with the 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) 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) Md. Ibrarul/- U T