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Patna High CourtCR. MISC./78075/2018bail granted

Md, Fakare Alam v. The State Of Bihar

2019-01-04Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78075 of 2018 Arising Out of PS. Case No.-426 Year-2017 Thana- NATHNAGAR District- Bhagalpur ====================================================== Md, Fakare Alam S/o Late Ali, R/o Vill.- Narga Bazar, P.S.- Nath Nagar, District- Bhagalpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Deepak Kumar Sinha For the Opposite Party/s :

Mr.Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 04-01-2019 The petitioner apprehends his arrest in connection with Nathnagar P.S.Case No. 426 of 2017 registered under Sections 323, 341, 379, 385, 427,504 and 506/34 of the Indian penal Code.

Allegation as per the FIR is that informant has purchased a plot of land from the petitioner and thereafter while he was erecting boundary wall, petitioner and other accused persons came and assaulted him and demanded Rs. 1 lac as ransom. Submission of learned counsel for the petitioner is that there is land dispute between the parties and a suit is also going on and the police, after investigation, submitted charge sheet under bailable sections but the cognizance has been taken under Sections 379 and 385 of the Indian Penal Code and one of the co-accused has been granted anticipatory bail by a co-ordinate

Patna High Court Cr.Misc. No.78075 of 2018(2) dt.04-01-2019 2/2 Bench of this Court vide order dated 20.12.2018 passed in Cr. Misc. No. 69399 of 2019.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, as stated above, let the petitioner, abovenamed, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail upon furnishing bail bond of Rs. 25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM, Bhagalpur in connection with Nathnagar P.S. Case No. 426 of 2017; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Vinod Kumar Sinha, J) sujit/- U T