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Patna High CourtCR. MISC./17533/2015bail granted

Sheikh Jauwad @ Sheikh Jaibad @ Jauwad Hussain And ORS v. The State Of Bihar

2015-05-15Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.17533 of 2015 Arising Out of PS.Case No. -365 Year- 2014 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. SHEIKH JAUWAD @ SHEIKH JAIBAD @ JAUWAD HUSSAIN

2. Sheikh Adalat

3. Sheikh Abbas @ Abbas Alishad

4. Sheikh Kalimullah

5. Sheikh Amirullah @ Mohammad Amirullah

6. Sheikh Irshad @ Sheikh Qushad Alam @ Sheikh Irshad Ahmad

7. Sheikh Sajjad All S/o Sheikh Hifazat

8. Sheikh Lall @ Ijhar Hussain (Lal Babu), S/o Sheikh Jauwad @ Sheikh Jaibad @ Jauwad Hussain All R/o Shankar Saraiya Fateh Tola, P.S.-Turkaulia, District- East Champaran

9. Rajendra Singh @ Rajendra Kumar, S/o Thakur Mahato, R/o villageChaliahan Tal, P.S.-Turkauliya (Banjariya), District- East Champaran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Patanjali Rishi, Advocate For the Opposite Party/s : Mr. Sadanand Paswan(Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-05-2015 Heard learned counsel for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 341, 447, 147, 323, 504, 506, 420, 467, 468, 471 of the Indian Penal Code and 3(1) (x) of the S.C./S.T.(Prevention of Atrocities) Act.

It is alleged that 70 decimals of the land of the informant, which is settled by the Government of Bihar,

Patna High Court Cr.Misc. No.17533 of 2015 (2) dt.15-05-2015 was transferred by the other petitioners in favour of the petitioner Rajendra Singh @ Rajendra Kumar. When the informant went to his land, petitioners abused him, by calling his caste name and threatened to kill. It is submitted by the learned counsel for the petitioners that for the occurrence of 23.06.2014 First Information Report was registered on 02.07.2014 and the petitioners claims to be a bona fide purchaser of the land in question. The vendor of the petitioners are settlee of Bettiah Raj estate and statement has been made in para-3 of the petition that petitioners have no criminal antecedent.

Considering the accusation in the background of bona fide land dispute, let the above named petitioners be released on bail in the event of their arrest or surrender before the learned court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran, Motihari in connection with Turkaulia (Banjariya) P.S. Case No. 365 of 2014, subject to conditions as laid down under Section 438(2) of the Indian Penal Code.

(Dinesh Kumar Singh, J) P.K./- U T