Matebul Rahman @ Matebulandanr v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4874 of 2016 Arising Out of PS.Case No. -168 Year- 2015 Thana -KOCHADHAMAN District- KISANGANJ ======================================================

1. MATEBUL RAHMAN @ MATEBUL SON OF GAYASHUDDIN

2. MHASEBUL RAHMAN @ KHASEBUL SON OF GAYASHUDDIN BOTH ARE RESIDENT OF VILLAGE- DHANPURA, POLICE STATION- KOCHADHAMAN IN THE DISTRICT OF KISHANGANJ. .... .... Petitioners

Versus

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

For the Petitioner/s : Mr. Sushant Kumar For the Opposite Party/s : Mr. Akbar Ali (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 04-03-2016 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Kochadhaman Police Station Case No. 168 of 2015, disclosing offences under Sections 143, 341, 323, 324, 354B, 307, 379 and 504 of the Indian Penal Code. The petitioners and the informant are said to be the agnates.

It is submitted on behalf of the petitioners that no offence under Section 307 of the Indian Penal Code is made out on the basis of the allegation as contained in the First Information Report. It is submitted that there is apparent land dispute between the petitioners and the informant, which is the reason behind the institution of the First Information Report. The petitioners have no criminal

Patna High Court Cr.Misc. No.4874 of 2016 (3) dt.04-03-2016 2/2 antecedents and it has been submitted on their behalf that they would not be fleeing from the course of justice or tampering with the evidence.

Considering the facts and circumstances, this application is allowed.

Let the petitioners, namely, Matebul rahman @ Matebul and Khasebul Rahman @ Khasebul, in the event of their arrest or surrender before the Court below within six weeks, 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 Additional Judicial Magistrate, Kishanganj, in connection with Kochadhaman Police Station Case No. 168 of 2015, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioners shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √