Md. Shamim And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49034 of 2018 Arising Out of PS.Case No. -174 Year- 2018 Thana -ARARIA District- ARRARIA ======================================================

1. Md. Shamim, S/o Late Abdul,

2. Md. Wasim, S/o Late Abdul, Both are resident of Village- Belwa Tola, Mirzabhag, Ward No. 31, P.S. Araria, District- Araria. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Naushad Uzzoha For the Opposite Party/s : Mr. Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 27-08-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Araria P.S.Case No. 174 of 2018 registered for the offences punishable under Sections 341, 323, 354, 379, 385, 386, 504 and 506/34 of the Indian Penal Code.

Allegation against the petitioners is of demanding extortion of Rs.2 lakhs from the informant when construction of house was going on and also there is allegation of theft of sand and bricks against them.

Submission of learned counsel for the petitioners is that a title suit is going on between the parties, which will appear from Annexure-2 and due to land dispute the present false case has been filed.

Patna High Court Cr.Misc. No.49034 of 2018 (2) dt.27-08-2018 2/2 Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioners, named above, in the event of their arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, in connection with Araria P.S.Case No. 174 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned. (Vinod Kumar Sinha, J) spal/- U