Khalid Anwar @ Guddu Khan And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.16247 of 2016 Arising Out of PS.Case No. -222 Year- 2015 Thana -RAMNAGAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Khalid Anwar @ Guddu Khan son of Late Munir Alam,
2. Husne Ara Begum @ Bibi Husne Ara Begum, wife of Late Munir Alam,
3. Sarfaraj Anwar, son of Late Munir Alam
4. Hasmuddin Mian, son of Amin Mian
5. Musa Mian, son of Jumman Mian, All resident of Narainpur, Police Station- Ramnagar, District- West Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Zainul Abedin, Adv. For the Opposite Party/s : Mr. L.K. Sharma (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 03-05-2016 Heard both sides.
The petitioners apprehend their arrest in Ramnagar P.S. Case No. 222/2015 (arising out of Complaint Case No. C1012/2015), registered for the offences punishable under Sections 147, 148, 149, 323, 384, 420, 467, 468, 471 and 120B of the Indian Penal Code and Section 27 of the Arms Act. The informant filed a Complaint Case bearing no. C1012/2015 on the basis of which the present F.I.R. was lodged. It is alleged that the petitioner got the land bearing Khata no. 8, Khesra no. 317 area 03 Katha 04 dhurs which was in possession of the informant. The accused persons armed with deadly weapon came to the land and forcibly cut the Simal and
Patna High Court Cr.Misc. No.16247 of 2016 (2) dt.03-05-2016 2/2 Mango tree and started taking away trees. They also assaulted the informant and others.
It is submitted that on account of land dispute this case has been registered. A proceeding under Section 144 Cr. P.C. was also initiated vide annexure 3 and decided in favour of the petitioners. In Partition Suit no. 2/28 of 1962/63 lands fell in the share of the petitioners.
Considering the facts aforesaid and the fact that there is land dispute between the two parties, the abovenamed petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged on 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 learned Addl. Chief Judicial Magistrate, Bagaha, West Champaran in connection with Ramnagar P.S. Case No. 222/2015 (arising out of Complaint Case No. - C1012/2015), subject to the conditions as laid down under Section 438(2) of the Cr. P.C. (Prabhat Kumar Jha, J.) Vinita/- U T