IN THE HIGH COURT OF JUDICATURE AT PATNA
Cr.Misc. No.36897 of 2011
Sk. Seraj son of Sk. Md. Shani resident of village-
Parsauni, P.S.-Sahodra at present Daniyal Parsauna,
P.S.-Sathi, both under district-West Champaran
Versus
The State of Bihar
with
Cr.Misc. No.36915 of 2011
1.Sk. Faiyaz @ Faiyaz Ahmad S/o Sk. Md. Shani
2.Sk.Alam @ Alamgir son of S.K.Seraj
3.Sk.Minhaj son of S.K.Faiyaz
4.Sk. Farhad son of Sk. Faiyaz
All residents of village-Parsauni, P.S.-Sahodra
at present Daniyal Parsauna,
P.S.-Sathi, both under district-West Champaran
Versus
The State of Bihar
-----------
2. 9.11.2011. Since both the cases arise out of same complaint, they
are being disposed of by a common order.
Heard learned counsel for petitioners and learned
counsel for the State.
The petitioners apprehend their arrest in connection with
a case in which cognizance of the offence punishable under sections
147, 149, 323, 341, 379, 420, 467 and 471 of the Indian Penal Code
has been taken.
It is stated that though the alleged occurrence is said to
have commenced on 17.9.2010, the present complaint has belatedly
been filed on 6.12.2010. The dispute relating to land essentially is a
dispute of civil nature. The complainant alleges to have sold the land
to Sk. Mustafa and Sk. Arman before filing the complaint. Hence,
there was no occasion for him to go to the plot in question. The
accused persons have got right, title and interest in and over the
alleged land since the date of purchase that is to say from 30.7.1973
2
and 16.3.1974. As a matter of fact, the complainant had sold the
land in question to one Jan Mohammad Mian and his sons executed
the sale deed in 1973 and 1974 in favour of Sk.Seraj. A proceeding
under section 144 Cr.P.C. being case no.79 of 2011 was initiated
between Sk. Seraj and Sk. Mustafa and by order dated 8.4.2011
learned S.D.J.M., Nakatiaganj vacated prohibitory order as against
1st party i.e. Sk. Seraj and confirmed the prohibitory order against
2nd party i.e. Sk. Mustafa.
Taking into consideration the aforesaid submissions,
facts and circumstances of the case let the petitioner, namely, Sk.
Seraj of Cr.Misc. No.36897 of 2011 and petitioners namely, 1.Sk.
Faiyaz @ Faiyaz Ahmad, 2.Sk.Alam @ Alamgir, 3.Sk.Minhaj and
4.Sk. Farhad of Cr.Misc. No. 36915 of 2011 in the event of their
arrest or surrender before the court below within a period of four
weeks from the date of receipt/communication of the order, be
released on bail on furnishing bail bonds of Rs.5,000/- (five
thousand) with two sureties of the like amount each to the
satisfaction of learned Sub.Divisional Judicial Magistrate, Bettiah,
West Champaran in connection with Tr. No.2059 of 2011 arising
out of Complaint Case No. 3265C of 2010 subject to the conditions
as laid down under section 438(2) of the Code of Criminal
Procedure.
Md.S. ( Ashwani Kumar Singh, J.)