Lal Shekh @ Shekh Lal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4699 of 2016 Arising Out of PS.Case No. -5 Year- 2015 Thana -BELCHAR DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Lal Shekh @ Shekh Lal S/O Late Raisul Azam @ Rasul Azam

2. Shekh Lalu @ Javed Alam, S/O Late Mantuja @ Murtuja All resident of village- Purainiya, P.S.- Balthar, District- West Champaran at Bettiah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Sanjay Kr.Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 11-02-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

There is allegation against the petitioners that they along with other accused mercilessly assaulted the deceased by means of Lathi and after that crushed him with a vehicle but submission on behalf of the petitioners is that prior to institution of the present case Balthar P.S. case No. 3/2015 was lodged against the deceased and others by mother of petitioner No.2 and that is the reason of false implication of the petitioners in the alleged crime. It is further submitted by him that one co-accused, namely, Dhamu Sheikh @ Firoz Alam, having more or less similar allegation, has already been granted privilege of bail by this court

Patna High Court Cr.Misc. No.4699 of 2016 (2) dt.11-02-2016 2/2 and, while granting bail to aforesaid co-accused, Dhamu Sheikh @ Firoz Alam, this court observed in the order that in course of investigation witnesses had made contradictory statements on the point of driving of concerned vehicle at the time of alleged occurrence.

Considering the facts aforesaid and submission of the parties, let the petitioners, above named, be released on bail on furnishing bail bond of Rs. 10,000/ - (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st class, West Champaran, Bettiah in connection with Balthar P.S. case No.5 of 2015. (Hemant Kumar Srivastava, J) BKS/- U T