Sk. Noorullah & Anr. vs The State Of Bihar on 17 September, 2014

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Patna High Court - Orders

Sk. Noorullah & Anr. vs The State Of Bihar on 17 September, 2014

Bench: Vikash Jain

                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Criminal Miscellaneous No.49822 of 2013
                           Arising Out of PS.Case No. -168 Year- 2012 Thana -MUFFASIL District-
                                             WESTCHAMPARAN(BETTIAH)
                 ======================================================
                 1. Sk. Noorullah S/O Late Lalbabu Resident Of Village- Shripur, P.S.-
                 Sugauli, District- West Champaran
                 2. Sk. Sagir S/O Sk. Alam, Resident Of Village- Beldari, P.S.- Bettiah
                 Muffasil, District- West Champaran

                                                                                  .... ....   Petitioner/s
                                                        Versus
                 1. The State Of Bihar

                                                             .... .... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     : Mr. Sanjeev Kumar,Adv
                 For the Opposite Party/s : APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
                 ORAL ORDER

6   17-09-2014

Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest for the offences alleged under Sections 147, 148, 149, 447, 379 and 387 IPC registered in connection with Bettiah Mufassil P.S. Case No. 168 of 2012.

3. It is submitted that the petitioners have been falsely implicated only to put pressure on them in respect of a dispute relating to demarcation of land as the informant's side has also failed to disclose that petitioner no. 1 along with his wife were also the co-sharers of the part of the disputed land appertaining to Khata No. 432, Plot No. 3231 and in Patna High Court Cr.Misc. No.49822 of 2013 (6) dt.17-09-2014 2 respect of which R.S. Khatian has been issued in the name of Sk. Imam Ali, being the ancestor of petitioner no.1. The petitioners claim clean antecedents.

4. Having regard to the entirety of the facts and circumstances of the case, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah, in connection with Bettiah Mufassil P.S. Case No. 168 of 2012, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions:

(i) The petitioners shall cooperate with the investigation and make themselves available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail.

(ii) The petitioners shall remain physically present as and when required during trial and in the event of failure on two consecutive dates, their bail bonds shall be liable to be cancelled by the learned Court concerned. Patna High Court Cr.Misc. No.49822 of 2013 (6) dt.17-09-2014 3

(iii) The petitioners shall not indulge in any similar offence and if any similar FIR is filed against the petitioners in future, their bail bonds shall be liable to be cancelled by the learned Court concerned.

(Vikash Jain, J) Chandran U T

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Patna High Court - Orders