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Patna High CourtCR. MISC./31635/2018allowed

Md. Hasib And ORS v. The State Of Bihar

2018-06-07Mr. Justice Arvind Srivastava2 pages

Patna High Court Cr.Misc. No.31635 of 2018 (2) dt.07-06-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31635 of 2018 Arising Out of PS.Case No. -29 Year- 2018 Thana -AMAUR District- PURNIA ======================================================

1. Md. Hasib,

2. Md. Sakil

3. Md. Wokil @ Md. Wakil

4. Md. Basik All Son of Late Md. Subhan, R/o Vill.- Visanpur, P.S.- Amour, District- Purnia.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Jha, Adv. For the Opposite Party/s : Mr. Smt Indu Kumari Srivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 07-06-2018 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Amour Police Station Case No.29 of 2018, disclosing offences under Sections 323, 341, 420, 467, 468, 379, 504 and 506 of the Indian Penal Code.

Learned counsel for the petitioners has submitted that the petitioners, who are of clean antecedent, are innocent and have not committed any offence. In fact, there is land dispute between the parties and several civil dispute is going on between the parties, which is evident from annexure- 4, 5, 6 and

7. Hence the petitioners may not be prosecuted further under

Patna High Court Cr.Misc. No.31635 of 2018 (2) dt.07-06-2018 criminal liability as dispute is civil in nature. Hence, the petitioner deserve the privilege of anticipatory bail. Considering the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Purnia, in connection with Amour Police Station Case No.29 of 2018, G.R. No.652 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Arvind Srivastava, J) brajesh/- U T