IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42122 of 2019
Arising Out of PS. Case No.-273 Year-2018 Thana- DIGHWARA District-
1. MOSIM MIYAN @ MOSIM ANSARI, aged about 28 years, male, Son of
Shahban Miyan Resident of Village – Manupur, P.S. – Dighwara, District –
2. Mobin Ansari, aged about 30 years, male, Son of Shahban Miyan
Resident of Village – Manupur, P.S. – Dighwara, District – Saran.
3. Osim Ansari, aged about 26 years, male, Son of Shahban Miyan Resident
of Village – Manupur, P.S. – Dighwara, District – Saran.
… … Petitiones
The State of Bihar
… … Opposite Party
For the Petitioners : Mr. Harish Kumar, Advocate.
For the Opposite Party: APP
CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN
2 11-07-2019 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest for the
offences alleged under Sections 341, Section323, Section354, Section504/Section34 of the
Indian Penal Code registered in connection with Dignwara P.S.
Case No. 273 of 2018.
3. It is submitted that the petitioners have been falsely
implicated in the backdrop of petty dispute over uprooting of
pillar on the land of the informant. It is submitted that the
accusation under Section 354 IPC are not made out against the
petitioner nos. 2 and 3 and such accusation has been made
against the petitioner no. 1 because of admitted land dispute and
the parties are neighbours. The petitioners claim clean
Patna High Court CR. MISC. No.42122 of 2019(2) dt.11-07-2019
4. Be that as it may, in the event of the petitioners’
arrest or surrender before the court below within six weeks from
the date of communication of this order, let the above named
petitioners be released on bail on furnishing bail bond of
Rs.10,000/- (ten thousand) each with two sureties of like amount
each to the satisfaction of Sri Rakesh Mani Tiwari, learned
Judicial Magistrate 1st Class, Saran at Chapra in connection with
Dighwara P.S. Case No. 273 of 2018. subject to the conditions as
laid down under Section 438 (2) SectionCr.P.C., and also subject to the
following further conditions –
(i) That one of the bailors of each of the petitioners
shall be their close relatives other than the petitioners herein.
(ii) That the petitioners shall not indulge in any
similar offence till conclusion of the trial.
(iii) That the petitioners shall cooperate with the
investigation, if not already concluded, 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.
(iv) That the petitioners shall remain physically
present in Court on each and every date during trial and in the
event of failure on two consecutive dates without sufficient
reason, their bail bonds shall be liable to be cancelled by the
learned Court concerned.
(Vikash Jain, J)