Masebul @ Md. Masebul And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.69884 of 2018 Arising Out of PS. Case No.-455 Year-2018 Thana- NARPATGANJ District- Araria ======================================================
1. Masebul @ Md. Masebul, Son of Mustazir Mian
2. Mainuddin, Son of Mustazir Mian
3. Naushad @ Naushad Ali, Son of Mursaid
4. Matebul @ Materbul, Son of Israfil Mian All Resident of Village-Pathraha,P.S.Narpatganj (Rhurna) Distt.- Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Mishra For the Opposite Party/s :
Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-12-2018 Heard learned counsel for the petitioners and learned APP for the State.
The petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 448, 341, 323, 354B, 386, 379, 504 and 506/34 of the Indian Penal Code. The prosecution case as per the written report of Santosh Swarnkar, submitted to the Station House Officer of Ghurna O.P. Police station is to the effect that on 26.07.2018 at 7.00 P.M., all the accused-petitioners came to informant and on pistol point and took away ornaments worth Rs.50,000/- and threatened and demanded extortion of Rs. One lac. It is further alleged that when the wife of the informant came to rescue, she was also assaulted by grabbing her hair and petitioner nos.3 and 4, Naushad and Matebul tore the blouse of the wife of the
Patna High Court Cr.Misc. No.69884 of 2018(2) dt.04-12-2018 2/3 informant.
It is submitted by learned counsel for the petitioners that in the background of land dispute, the accusation has been levelled against the petitioners. There is a counter version of the occurrence being Narpatganj (Ghurna) P.S. Case No. 456 of 2018 registered for the offences punishable under Sections 341, 323, 354, 379 and 504/34 of the Indian Penal Code. A statement has been made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent.
Learned APP submits that the petitioners are named in the FIR with specific accusation.
Considering the accusation being levelled in the background of land dispute, a counter version of the occurrence coupled with the statement made in paragraph 3 of the petition that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today, 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, Araria in connection with Narpatganj (Ghurna) P.S. Case No. 455 of
Patna High Court Cr.Misc. No.69884 of 2018(2) dt.04-12-2018 3/3 2018, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) DKS/- U T