Md. Ali Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65063 of 2022 Arising Out of PS. Case No.-187 Year-2022 Thana- VAISHALI District- Vaishali ====================================================== Md. Ali Khan, Son Of Late Noor Alam Khan R/O Vill.- Majhauli, P.S.- Vaishali (Belsar O.P.), Distt.- Vaishali At Hajipur (Bihar) At Present Posted As Block Agriculture Officer, Mohanpur Block, Distt.- Samastipur (Bihar) ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar, Advocate.

For the Opposite Party/s :

Mr.Nawal Kishore Prasad, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 17-05-2023 Heard Mr. Rakesh Kumar, learned counsel appearing on behalf of the petitioner and Mr. Nawal Kishore Prasad, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Vaishali (Belsar O.P.) P.S. Case No. 187 of 2022 registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 325, 376, 511, 379, 504 and 506 of the Indian Penal Code.

3. Learned counsel appearing on behalf of the petitioner submitted that there is land dispute with respect to the land purchased by the informant from the step brother of the petitioner and with respect to the said land, Title Suit No. 466 of 2022 is pending between the parties. The allegation against the

Patna High Court CR. MISC. No.65063 of 2022(4) dt.17-05-2023 2/2 petitioner is that he had caught hold hand of the informant.

4. Learned counsel appearing on behalf of the informant opposed the prayer for grant of pre-arrest bail to the petitioner. Learned APP has supported his submission.

5. Having considered the rival submissions made on behalf of the parties, there is admitted land dispute between the parties and with respect to the said land Title Suit No. 466 of 2022 is pending before the Civil Judge-I, Vaishali, the petitioner is directed to be released on pre-arrest bail, in the event of his arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali at Hajipur in connection with Vaishali (Belsar O.P.) P.S. Case No. 187 of 2022, subject to the condition as laid down under Section 438(2) of the Cr.P.C. and if the statement made in Para-3 of the bail application is found to be incorrect, this order will automatically loose its force.

(Purnendu Singh, J) mantreshwar/- U T