Md. Kalim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15783 of 2016 Arising Out of PS.Case No. -71 Year- 2016 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ====================================================== Md. Kalim, son of Late Mangal Miyan @ Late Md. Abdul Karim, Resident of Village - Khatopur, P.S.- Town, District - Begusarai at present Resident of Mohalla - Pokhariya, Ward No. 35, P.S.- Town, District - Begusarai. .... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. Ashok Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 16-05-2016 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner is apprehending his arrest in connection with Begusarai Muffasil P.S. Case No.71 of 2016 for the offences instituted under Sections 341, 342, 323, 385, 387, 427 and 34 of the Indian Penal Code.
The prosecution case, in brief, is that Md. Mustak Ahmad, informant has alleged in his written petition submitted to the S.AH.O., Town police station that he has land in Mauza Suza bearing Khata No.8, Khesra No.334 area 1 Bigha 5 katha 1 dhur. On 13.2.2016 at about 10:00 in the morning, he went on his land then his labour told that Abhimanyu Singh along with two
Patna High Court Cr.Misc. No.15783 of 2016 (2) dt.16-05-2016 2/3 unknown persons came and sprayed burning materials on the wheat, due to that the crops were destroyed and he sustained a loss of Rs.20,000/-. As soon as the informant proceeded from the field, Abhimanyu Singh, Md. Kalim and 3-4 unknown persons were present and they surrounded him. Md. Kalim told that this is the landlord. Abhimanyu at the point of pistol told the informant that if he has to plough the field then he will have to pay Rs.10 lac as Rangdari tax. The informant has further alleged that on 9.10.2015 in the night, the crops were ploughed by tractor and destroyed and he has filed Sanha earlier and sow wheat seeds. It is submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. Petitioner and the informant are neighbours and there is admitted land dispute between the parties and for the said reason, the present case has been instituted.
On behalf of the State and the counsel for the informant, it is submitted that the petitioner is named in the F.I.R. and the crop of the informant has been damaged. Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand only) with
Patna High Court Cr.Misc. No.15783 of 2016 (2) dt.16-05-2016 3/3 two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Begusarai, in connection with Begusarai Muffasil P.S. Case No.71 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) N.H./- U T