Sajid Hussain Raja @ Sajid Hussain Khan v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7509 of 2017 Arising Out of PS.Case No. -3264 Year- 2012 Thana -EAST CHAMPARAN COMPLAINT District- EASTCHAMPARAN(MOTIHARI) ====================================================== Sajid Hussain Raja @ Sajid Hussain Khan, Son of Late Karamtullah Khan, Resident of Village- Kundwa, P.S.- Kesariyaa, District- East Champaran. .... .... Petitioner
Versus
1. The State of Bihar.
2. Md. Afzal, Son of Md. Hasim, Resident of Village- Gochhi Milki, P.s.- Keksariya, District- East Champaran.
.... .... Opposite Parties ====================================================== Appearance :
For the Petitioner : Mr. Sunil Kumar No.iii , Advocate For the Opposite Parties : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 22-02-2017 This is an application for grant of anticipatory bail for offences punishable under Sections 420, 147, 323, 504 and 427 of the Indian Penal Code.
Heard learned counsel for the petitioner.
It has been submitted on behalf of the petitioner that the main allegation against petitioner is that a sale deed was executed by one Aashmuddin in favour of the petitioner. Informant is claiming the land to be his land. As such, except Section 420 of the Indian Penal Code, other Sections are bailable in nature.
Heard learned A.P.P. also.
Having heard both sides and from perusal of the
Patna High Court Cr.Misc. No.7509 of 2017 (2) dt.22-02-2017 2/2 record it appears that there is land dispute and this case is of civil nature, let the above named petitioner, in the event of arrest or surrender within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty-five thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-IX, Motihari, East Champaran, in connection with Trial no. 239 of 2016 arising out of Complaint Case No. 3264 of 2012 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. There are other conditions also that (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the investigation and make himself available before the police as and when required.
(Vinod Kumar Sinha, J) sudip/- U T