Shamsher And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4821 of 2019 Arising Out of PS. Case No.-117 Year-2018 Thana- JOKIHAT District- Araria ======================================================

1. Shamsher aged about 32 years, Male, son of Ghayasuddin

2. Safir @ Md.Safir aged about 30 years, Male, Son of Md. Hashim Both residents of Village- Bhagwanpur, P.S.- Jokihat, District- Araria. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjay Kumar Sharma For the Opposite Party/s :

Mr.Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 29-01-2019 Heard both sides.

The petitioners apprehend their arrest in Jokihat P.S. Case No.117 of 2018 registered under Sections 379, 384 and other Sections of the Indian Penal Code.

The informant alleged that at about 7.00 P.M. in the evening, Gulab, Shamsher, Safir(both petitioners) and others intercepted Faiyaz Alam, the brother of the informant who is a businessman and demanded extortion. Faiyaz Alam informed the informant. When the informant went there, some altercation took place and Gulab assaulted the informant with sword on his head. It is further alleged that accused persons snatched all the belongings and fled away.

The learned counsel for the petitioners submits that no

Patna High Court Cr.Misc. No.4821 of 2019(2) dt.29-01-2019 2/2 specific allegation is made against the petitioners. On perusal of the contents of the F.I.R., it appears that informant and Gulab are on inimical term with each other and some altercation might have taken place but the informant did not make any specific allegation of assault and snatching against the petitioners but it appears from the F.I.R. itself that the petitioners and others including Md. Gulab intercepted the brother of the informant and demanded money as extortion, on such, Md. Faiyaz called his brother but when his brother came, Md. Gulab assaulted and the accused persons snatched all the belongings of the informant.

Considering the aforesaid facts, I am not inclined to enlarge the petitioners on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) Saurabh/- U T