Md. Amaluddin And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49091 of 2018 Arising Out of PS.Case No. -284 Year- 2015 Thana -MADHUBANI TOWN DistrictMADHUBANI ======================================================

1. Md. Amaluddin, Son of Late Md. Jakir Hussain,

2. MD. Jiyaur Rahman, Son of Md. Sanaullah,

3. Parbhu Sah @ Parbhu Kr. Sah, Son of Deo Narayan Sah, All are residents of Village- Bhouara, P.S. and District- Madhubani. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Sri Parmanand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-08-2018 Heard the parties.

The petitioners are apprehending their arrest in connection with Madhubani Town P.S.Cas nO.284 of 2015/G.R.No.2026 of 2015 arising out of Complaint Case No.1749 of 2014 , registered for offences punishable under Sections 420, 418, 468, 504, 506/34 of the Indian Penal Code.

Allegation against the petitioners as per FIR is that in spite of entering into the agreement with the informant to sell the land at Rs.10 lac and Rs.51,000/- was also deposited but the petitioner has sold the land at Rs.15 lac to the others. Submission of the learned counsel for the petitioners is that after investigation the case was not found true against the petitioners and on protest, the cognizance has been taken.

Patna High Court Cr.Misc. No.49091 of 2018 (2) dt.27-08-2018 2/2 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above , let the petitioners, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned CJM, Madhubani in connection with Madhubani Town P.S.Case No.284 of 2015/G.R.No.2026 of 2015 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

(iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of their bail bond. With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U