Yakub Mian And ORS v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52465 of 2016 Arising Out of PS.Case No. -605 Year- 2015 Thana -BETTIAH TOWN DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Yakub Mian son of Late Hakim Mian,
2. Mohammad Ali Mian son of Late Yasin Mian,
3. Safiq Mian son of Late Yasin Mian,
4. Basruddin Mian son of Late Hakim Mian, All Resident of Village- Dihi Dhabelwa, P.S.- Jogapatti, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar
2. Jahid Ansari, son of Late Islam Mian, Resident of Village- Dihi Dhabelwa, P.S.- Jogapatti, District- West Champaran. .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma For the Opposite Party/s : Mr. Sri Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-12-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 406, 420, 467, 468, 471, 323, 341, 504 and 447/34 of the Indian Penal Code. Allegation is that the petitioners put wrongful claim on the land of the complainant on the basis of two forged registered sale deeds, allegedly, executed in favour of petitioner no. 1 in the year 1973 and 1974.
Submission is that both sides are descendants of common ancestor. There is bona fide land dispute.
Patna High Court Cr.Misc. No.52465 of 2016 (2) dt.09-12-2016 Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of thirty days from the date of receipt of the order, 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 Chief Judicial Magistrate, West Champaran, Bettiah/Successor Court in connection with Bettiah Town Police Station Case No. 605 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
(Birendra Kumar, J) kundan/- U T