Md. Ahmad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64092 of 2019 Arising Out of PS. Case No.-65 Year-2019 Thana- BUNIYAD GANJ District- Gaya ====================================================== 1.
Md. Ahmad, Son of Md. Rahmat Resident of Village - Alipur, P.S.- Buniyadganj, District- Gaya 2.
Md. Irshad, Son of Late Zahiruddin Resident of Village - Alipur, P.S.- Buniyadganj, District- Gaya 3.
Md. Aslam, Son of Late Md. Sahadat Resident of Village - Alipur, P.S.- Buniyadganj, District- Gaya 4.
Md. Rahmat, Son of Late Md. Sahadat Resident of Village - Alipur, P.S.- Buniyadganj, District- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar For the Opposite Party/s :
Mr.Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 18-10-2019 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioners apprehend their arrest in connection with Buniyadganj P.S. Case No. 65 of 2019, registered under Section341, 323, 384, 385, 427, 504 and 506/34 of the Indian Penal Code.
The accusation is that family members of informant, Md. Jubair Alam, went at plot no. 553/1989, Khata No. 185, area 6 acres 4 decimals to see vegetable crops on 29.04.2019 in the morning. At that time, petitioners reached
Patna High Court CR. MISC. No.64092 of 2019(2) dt.18-10-2019 2/3 there and asked his family members to give either 5 Katha land or cash of Rs.20,00,000/- as ransom. On protest, they started to abuse and cause assault to his family members. Thereafter, Md. Irshad (petitioner no.2) called Guddu Chaudhary, Liyakat Chaudhary, Virendra Chaudhary and 10 to 12 persons on phone, who came there having lathi, dand in their and started to cause assault and also damaged the car, which was parked there. When other family members of the informant and villagers came there then petitioners and others succeeded to flee away giving threatening. Thereafter, in the morning of 01.05.2019, when the informant was again went at the said plot then Md. Irshad (petitioner no.2), Md. Ahmad (petitioner no.1) and Md. Aslam (petitioner no.
3) came there and again giving threatening and demanding ransom of Rs.20,00,000/- or 5 Katha land. Learned counsel for the petitioners submits that, in fact, land in dispute is belonging to the mother of petitioner nos. 3 and 4 but during revisional survey, some portion of disputed plot was recorded in the name of the informant, regarding which, Title Suit No. 214 of 2019 filed by petitioner nos.
Patna High Court CR. MISC. No.64092 of 2019(2) dt.18-10-2019 3/3 lodged with false allegation.
Having regard to the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Gaya in connection with Buniyadganj P.S. Case No. 65 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
(Rajendra Kumar Mishra, J) Bhardwaj/- U T