IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.41654 of 2008 1.SK.HANIF S/O-Late Akbar 2.HAIDAR S/O-Sk. Hanif 3.RIZWAN S/O-Sk. Dhiru 4.SHAKIR S/O-Sk. Dhiru 5.GUL HASAN S/O- Sk. Hanif 6.AFAQUE @ POHTU S/O-Karim 7.SOHEB S/O-Karim All are R/O-Vill-Asyani, P.S.-Kadwa, Distt.-Katihar. Versus STATE OF BIHAR ----------- 3/ 19.01.2009 Heard learned Counsel for the petitioner, learned Counsel for the State and learned Counsel for the informant/complainant. The petitioners are accused of the case which has been registered under Sections 435, 458, 327, 384 and some other Sections of the Indian Penal Code and Section 27 of the Arms Act. Initially a complaint case was filed which was referred to police under Section 156 (3) of the Cr.P.C. and the First Information Report has been registered. Allegation is that the petitioners came to the house of the informant, abused and on protest the complainant and his brothers were assaulted. Haider and Gul Hasan pressed their pistols on the chest of the complainant and demanded Rs. 5000/-. The complainant - 2 - paid Rs. 2500/- and saved his life. Submission is that there is a homestead land dispute between the informant and the petitioners Sk. Hanif. Further submission is that neither Section 435 or 458 of the Indian Penal Code or Section 27 of the Arms Act are attracted. The non-bailable offences have been added only with a view to made the offence serious. Petitioners Haider and Gul Hasan are sons of the accused Sk. Hanif whereas Karim and Bannu are brothers. Similarly Shakir is Bhanja and Rizwan is son-in-law of petitioner Sk. Hanif. Details of the land dispute has been annexed as “Annexure-2”. Prayer for anticipatory bail has been opposed by learned Counsel for the informant/complainant that the petitioners have committed various overt acts. Proceedings have been stayed vide order dated 22.10.2008. Considering the nature of allegation and circumstances involved in the offence, the petitioners Sk. Hanif, Haidar, Rizwan, Shakir, Gul Hasan, Afaque @ Pohtu and Soheb are directed to surrender before the Court below within a period of twenty days from the date of receipt/production of a copy of this order and on their so surrendering they shall be enlarged on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) - 3 - each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar, Distt.-Katihar in connection with Kadwa P.S. Case No. 177 of 2008, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. kksinha/ (Shyam Kishore Sharma, J.)