Patna High CourtCR. MISC./13557/2017bail granted

Khalilur Rahman @ Munna And ORS v. The State Of Bihar

2017-04-26Mr. Justice Jitendra Mohan Sharma2 pages

Patna High Court Cr.Misc. No.13557 of 2017 (3) dt.26-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13557 of 2017 Arising Out of PS.Case No. -251 Year- 2016 Thana -KHAJEKALA District- PATNA ======================================================

1. Khalilur Rahman @ Munna,

2. Shafiur Rahman alias Tunna

3. Haqiquir Rahman alias Guddu.

4. Atiqur Rahman alias Titu.

5. Shamimur Rahman alias Ritu, All Sons of Mojibur Rahman alias Chhote Mian, residents of Mohalla Kaath Ka Pul, Moghalpura, P.S. Khajekalan, District- Patna. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Syed Mojibur Rahman For the Opposite Party/s : Mr. Sri Binod Kumar 3 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 26-04-2017 Heard learned counsel for the petitioners and learned counsel representing the State.

Petitioners apprehend their arrest in connection with Khajekalan P.S. Case No. 251 of 2016 registered for the offences punishable under Sections 420 and 406 of the Indian Penal Code and Section 52-A of Waqf Act, 1995.

Allegedly, the petitioners have forcibly occupied the land of Siya Waqf Board and are running shop, in spite of that they are not vacating the same.

Submission is of false implication and that no offence under Sections 420 and 406 of the Indian Penal Code is made out. There is remedy in Eviction Suit, criminal case is not at all

Patna High Court Cr.Misc. No.13557 of 2017 (3) dt.26-04-2017 maintainable, the petitioners are poor shopkeepers and they are earning their livelihood by those shops and as such the petitioners deserve sympathetic consideration.

Learned APP opposes the prayer of pre-arrest bail. In the facts and circumstances stated above, considering the nature of dispute, the petitioners, in case of their arrest or surrender within four weeks from the date of receipt/production of a copy of this order, shall be released on bail on execution of bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Patna City in connection with Khajekalan P.S. Case No. 251 of 2016, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Jitendra Mohan Sharma, J) avin/- U T