Khurshid Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.60360 of 2017 Arising Out of PS. Case No.-488 Year-2014 Thana- SASARAM NAGAR District- Rohtas ====================================================== Khurshid Alam S/o Late Mahmud Alam, R/o Mohalla- Chaukhandi (Nooranganj), P.S.- Sadaram (Town), District- Rohtas at Sasaram. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Raghunandan Kumar Singh For the Opposite Party/s :

Mr. SRI DINESH SINGH ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 13-12-2017 Heard learned counsel for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under sections 147,148,149,323,307 and 386 of the IPC and Section 27 of the Arms Act. The prosecution case, as per the written report of the informant Kamta Ram, SI of Sasaram (Town) Police Station, is to the effect that on getting information that, in a brawl, people resorted to fire and have used explosives, the informant went to the place of occurrence and found the congregation of a large number of people. On arrival of the police, the accused persons escaped, whereafter three empty cartridges were recovered. During the course of enquiry, it was learnt that Md. Chand and Khurshid Alam entered into an agreement to sell out their land to Md. Kamal and had taken some advance as part of consideration

Patna High Court Cr.Misc. No.60360 of 2017(2) dt.13-12-2017 2/2 amount but later on, they sold the house/property in question to Md. Rafik on receiving higher price. Over the said dispute, both sides resorted to firing and used explosives. It is submitted by learned counsel for the petitioner that the accusation is against the mob and admittedly, there is no injury to any one. Several persons have been granted bail by the learned court below itself. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the accusation against the mob and the statement made in paragraph 3 of the petition that the petitioner has no criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Rohtas at Sasaram in connection with Sasaram (Town) P.S. Case No.488 of 2014. (Dinesh Kumar Singh, J) anil/- U