Shamshad Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62632 of 2019 Arising Out of PS. Case No.-176 Year-2019 Thana- MANJHI District- Saran ====================================================== 1.

SHAMSHAD ALI Son of Jaffar Ekbal Resident of Village-Mali Tola Manjhi, Police Station-Manjhi, District-Saran at Chapra. 2.

Naim Ali @ Naimuddin Son of Kazi Miyan Resident of Village-Mali Tola Manjhi, Police Station-Manjhi, District-Saran at Chapra. 3.

Mofid Ali Son of Kazi Miyan Resident of Village-Mali Tola Manjhi, Police Station-Manjhi, District-Saran at Chapra.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Shambhu Prasad Yadav For the Opposite Party/s :

Mr.Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-10-2019 Heard both sides.

Petitioners apprehend their arrest in Manjhi P.S. Case No.176 of 2019 registered under Sections 307 and other minor sections of the Indian Penal Code.

The informant alleged that petitioner no.1 filling earth on the egress of the informant. The wife of the informant came and forbade him, but the petitioners assaulted the wife of informant and torn her clothes and they also assaulted the informant with iron rod on his head.

Learned counsel for the petitioners submits that there is a bona fide land dispute. Petitioner no1. was filling earth on

Patna High Court CR. MISC. No.62632 of 2019(2) dt.17-10-2019 2/2 his own land but the informant and other objected only to take forcible possession over the land but it appears that the occurrence took place due to filling of earth on the land and the informant objected on the ground that his egress was obstructed. Having considered the facts aforesaid, the above named petitioner, in the event of his arrest or surrender before the learned court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. 2nd , Saran in connection with Manjhi P.S. Case No.176 of 2019, subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

(Prabhat Kumar Jha, J) Harish/- U T