Patna High Court - Orders
Mustafa Ansari & Ors vs The State Of Bihar on 20 February, 2018
Author: Jitendra Mohan Sharma
Bench: Jitendra Mohan Sharma
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7880 of 2018
Arising Out of PS. Case No.-55 Year-2017 Thana- INARWA District- West Champaran
======================================================
1. Mustafa Ansari, son of Talim Ansari
2. Hasmuddin Mian @ Hasmuddin, son of Iadrish Mian.
3. Kalau Mian, son of Late Jamil Mian.
4. Hasnain Ansari @ Husnain Mian, son of Jal Mahamad Mian.
5. Wokil Mian, son of Jal Mohamad Mian.
6. Esha Mian, son of Late Ish Mohamad Mian.
7. Hasmuddin Mian, son of Late Jamil Mian.
8. Subhan Hawari @ Subhaan son of Khobhari Hawari.
9. Lal Babu Ansari, son of Ozir Ansari.
10. Bikau Ansari, son of Late Aalim Ansari. All are resident of
Village- Khambiya, Station- Inerwa, District- West Champaran.
... ... Petitioners
Versus
The State of Bihar.
... ... Opposite Party
======================================================
Appearance :
For the Petitioners : Mr. Sanjay Kumar No.-7, Advocate
For the Opposite Party : Mr. Amrendra Prasad (APP)
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN
SHARMA
ORAL ORDER
2 20-02-2018Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel representing the State.
The petitioners apprehend their arrest in connection with Inerwa P.S. Case No. 55 of 2017, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 379, 504, 506 of the Indian Penal Code.
Allegedly, the petitioners and other co-accused in the night constructed hut on the land of the informant and when the informant went there and asked from the accused persons Patna High Court Cr.Misc. No.7880 of 2018(2) dt.20-02-2018 2/3 who were armed with lathi spear, farsa, iron rod and country- made gun replied that land is of their and on protest they assaulted the informant with lathi, fists, iron rod and further they took away mobile and cash of Rs. 3,000/-.
Submission is of false implication and that allegation under Section 379 of I.P.C. is super addition . Later on it has been inserted in the F.I.R. to give colour to the case. No offences under Sections 384, 387 of I.P.C. is made out as per allegation made in the F.I.R. the injury caused to the informant are bruise and abrasion which are simple caused by hard and blunt object and, as such, the petitioners deserve sympathetic consideration as admittedly land dispute is going on between the parties.
The learned A.P.P. duly assisted by the learned counsel for the informant opposes the prayer of pre-arrest bail by submitting that the petitioners illegally constructed hut only with a view to realise ransom and chargesheet has been submitted under Section 384 and 387 of I.P.C. also and accordingly, cognizance has been taken.
In the facts and circumstances as stated above, considering that Title Suit is going on between the parties and, as such, the petitioners in the event of their arrest or surrender Patna High Court Cr.Misc. No.7880 of 2018(2) dt.20-02-2018 3/3 within four weeks from the date of receipt/production of a copy of this order shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Inerwa P.S. Case No. 55 of 2017, subject to the conditions as laid down in section 438(2) of the Cr.P.C.
(Jitendra Mohan Sharma, J.) Rajiv/-
U T