The court granted anticipatory bail to petitioners named in a police case involving land dispute allegations, noting they had no direct connection to the land while the main accused was already on bail.
Enlargement on bail on furnishing a bond of Rs. 10,000 with two sureties to Additional Chief Judicial Magistrate, Purnea.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Miscellaneous No.10923 of 2017
Arising Out of PS.Case No. -103 Year- 2016 Thana -BAISI District- PURNIA
======================================================
.... .... Petitioner/s
Versus
.... .... Opposite Party/s
====================================================== Appearance : For the Petitioner/s : Mr. Bijendra Kumar Singh, Adv. For the Opposite Party/s : Mr. Matloob Rab, APP
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER
2 27-03-2017 Heard both sides.
The petitioners apprehend their arrest in Baisi P.S. Case No. 103/2016, registered for the offences punishable under Sections 307, 384 and other sections of the Indian Penal Code and section 27 of the Arms Act and 3 and 4 of Explosive Substance Act.
The informant alleged that his father purchased land in the year 1990 of Khata No. 134, 135, in the month of January, 2016, Md. Tanbir disclosed that he got an agreement executed in his favour from Marjina and Mahenoor. Panchayati was held and
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it was decided that Marjina and Mahenoor have no right to execute the deed of agreement to sell. Thereafter, Tanbir started demanding extortion and wanted to grab the land.
Learned counsel for the petitioners submits that the petitioners are of course named in the F.I.R., but no specific allegation is made against the petitioners. Tanbir has already been enlarged on anticipatory bail vide order dated 21.12.2016 passed in Cr. Misc. 52690/2016. The petitioners have got no concern with the disputed land.
Considering the facts aforesaid and the fact that Md. Tanbir has already been granted anticipatory bail and the case of the petitioners stands on better footing, the petitioners abovenamed, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to be enlarged 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 Additional Chief Judicial Magistrate, Purnea in connection with Baisi P.S. Case No. 103/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Jha, J.)
Vinita/U T
1 issue framed by the court
Whether the petitioners, named in a police case for alleged land encroachment and extortion, should be granted anticipatory bail.
1 provisions across 1 enactments
Md. Sarwar and Others
The State of Bihar
Prabhath Kumar Jha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
