Patna High CourtCR. MISC./25752/2018bail granted

Mojibur Rahman @ Md. Mojibur Rahman @ Md. Mujibur Rahman And ANR v. The State Of Bihar

2018-05-23Mr. Justice Prakash Chandra Jaiswal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25752 of 2018 Arising Out of PS.Case No. -40 Year- 2018 Thana -AMAUR District- PURNIA ======================================================

1. Mojibur Rahman @ Md. Mojibur Rahman @ Md. Mujibur Rahman, S/o Late Md. Jamil.

2. Md. Matin @ Md. Matiur Rahman, S/o Mojibur Rahman @ Md. Mojibur Rahman @ Md. Mujibur Rahman, Both Resident of VillageChhatarbhog, P.S.- Amour, District- Purnea. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 23-05-2018 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners seek bail in Amour P.S. Case No. 40 of 2018 registered under Sections 302/34 and 120B of the Indian Penal Code and Sections 25(1-b)a, 26 and 35 of the Arms Act. Petitioners along with three other accused persons are said to have committed murder of the husband of the informant over dispute between them on filling the sand of the bridge from Government land which is said to be in possession of the accused persons.

It is submitted by learned counsel for the petitioners

Patna High Court Cr.Misc. No.25752 of 2018 (3) dt.23-05-2018 2/2 that the petitioners have no concern with the aforesaid occurrence. They have been falsely implicated in the case merely on suspicion. The aforesaid land is not in the possession of the petitioners rather of accused Tabrej, Md. Tahsin and Md. Tanwir who happen to be brother-in-law of petitioner no.1 and petitioner no.2 happens to be son of petitioner no.1. The petitioners have no concern with the aforesaid land or its possession. The allegation levelled against the petitioners is not specific rather general and omnibus in nature. There is no eye witness of the occurrence. The petitioners have been languishing in custody since 21.03.2018. Considering the facts aforesaid, the above named petitioners 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 Chief Judicial Magistrate, Purnea in connection with Amour P.S. Case No. 40 of 2018.

(Prakash Chandra Jaiswal, J) Mishra/- U T