Patna High CourtCR. MISC./55520/2017bail granted

Md. Sirwan And ORS v. The State Of Bihar

2017-12-12Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55520 of 2017 Arising Out of PS.Case No. -205 Year- 2017 Thana -PALASI District- ARRARIA ======================================================

1. Md. Sirwan son of Maksood

2. Md. Matin son of Md. Sirwan

3. Mantaz @ Mumtaz son of late Tahir

4. Ziyabul son of late Tahir

5. Md. Shamim son of late Hanif All are residents of village - Paichaili, Police Station - Palasi, District - Araria .... Petitioners

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioners : Mr. Mukesh Kumar Rana, Adv. For the Opposite Party : Mr. Asharaf Ansari, APP 86 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 12-12-2017 Heard both sides.

The petitioners apprehend their arrest in Palasi P.S. Case No. 205 of 2017 registered under Sections 436 and 435/34 of the Indian Penal Code.

The petitioner alleged that he got up, he saw his house burning. The informant also saw the petitioners fleeing away from the place of occurrence.

The learned counsel for the petitioners submits that the petitioners have got enmity with the informant on account of land dispute. The occurrence took place on 30.07.2017 in the night, but, the written statement was given to the police station on 03.08.2017. Had the informant seen the occurrence the informant would have lodged the case immediately after the occurrence, but, the first information report was lodged only after four days of the occurrence.

Considering the facts, aforesaid, the petitioners, in the event of their arrest or surrender, within four weeks from the

Patna High Court Cr.Misc. No.55520 of 2017 (2) dt.12-12-2017 2/2 date of receipt of this order, are directed to be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each in connection with Palasi P.S. Case No. 205 of 2017 to the satisfaction of Additional Chief Judicial Magistrate, III, Araria, or successor Court, subject to the condition laid down under Section 438(2) of the Criminal Procedure Code. (Prabhat Kumar Jha, J) SA/- U √ T √