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Patna High CourtCR. MISC./39496/2017bail granted

Md. Islam @ Md. Islam Alam And ORS v. The State Of Bihar

2017-08-21Mr. Justice Sanjay Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39496 of 2017 Arising Out of PS.Case No. -58 Year- 2017 Thana -CHAUSA District- MADHEPURA ======================================================

1. Md. Islam @ Md. Islam Alam Son of late Wahid Ali @ Late Md. Wahid Ali

2. Md. Didar @ Md.Didar Alam Son of Islam Alam @ Md. Islam Alam

3. Md. Ekram @ Md. Ekram Alam Son of Islam Alam @ Md. Islam Alam

4. Md. Taslim @ Md. Taslim Alam Son of late Wahid Ali @ Late Md. Wahid Ali

5. Md. Mojib @ Md. Mojim Alam Son of Taslim Alam @ Md. Taslim Alam

6. Md. Ajim @ Md. Ajim Alam Son of Md. Taslim Alam @ Md. Taslim Alam

7. Md. Nasim @ Md. Nasim Alam Son of late Md. Wahid @ Late Md. Wahid Alam All resident of Village- Arajpur, P.S. Chausa, District Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 21-08-2017 Heard the learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Chausa P.S. Case No. 58 of 2017 instituted for the offences punishable under Sections 147, 149, 341, 323, 384, 504, 506 of the Indian Penal Code and Section 27 of the Arms

Patna High Court Cr.Misc. No.39496 of 2017 (2) dt.21-08-2017 2/3 Act.

It has been submitted that the informant and the petitioners are resident of same place and in course of the construction of house over the disputed land the occurrence of assault took place. In the said occurrence, nobody sustained any injury on account of firing. A title Suit No. 717 of 2015 is also pending between the parties. It further appears that a compromise petition to this effect has been filed before the court below along with a petition to compound the case. The allegation of demand of rangdari is vague. There is no criminal antecedent against any of the petitioners.

The learned A.P.P. for the State opposed the submission.

Considering the nature of dispute between the parties, facts and circumstances of the case, the anticipatory bail prayer is allowed. The petitioners, above named, in the event of arrest / surrender within six weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, UdaKishunganj, Madhepura, in connection with Chausa P.S. Case No. 58 of 2017, subject to the condition as laid down under

Patna High Court Cr.Misc. No.39496 of 2017 (2) dt.21-08-2017 3/3 Section 438(2) of the Code of Criminal Procedure. (Sanjay Kumar, J) ajaypd./- U T