Shakil @ Md. Sagir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10164 of 2020 Arising Out of PS. Case No.-139 Year-2019 Thana- POTHIYA District- Kishanganj ====================================================== 1.

Shakil @ Md. Sagir, aged about 45 years, Male, S/o Nebua 2.

Raja, aged about 19 years, Male, S/o Noor Mohammad 3.

Makbul Rahman, aged about 60 years, Male, S/o Hamidur Rahman 4.

Sahida @ Raseda Khatoon, aged about 48 years, Female, W/o Noor Mohammad 5.

Gajala, aged about 22 years, Female, D/o Noor Mohammad, all r/o villageFulbari, P.S.- Pothia, District- Kishanganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ram Prawesh Kumar;, Advocate For the Opposite Party/s :

Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-03-2020 Heard learned counsel for the petitioners and the learned A.P.P. for the State.

The petitioners apprehend their arrest in connection with Pothia P.S. Case No. 139 of 2019 registered for the offences punishable under Sections 341, 323, 354(B), 379, 504, 506/34, 307 of the Indian Penal Code.

The prosecution case is that on 15.07.2019 at about 12.00 hours when the informant was alone at her home, in the meantime, all the F.I.R. named accused persons came with weapons and started assaulting to her and during this, they torn her clothes and snatched silver chain. On halla, her relative

Patna High Court CR. MISC. No.10164 of 2020(2) dt.03-03-2020 2/3 Kashmira came for her rescue, they also caused injuries upon her head and due to which she fell down on the earth. Thereafter, her daughter Ladli Begam and husband also came for her rescue, they caused injuries to them too and snatched Rs.15,000/- cash and 3 bhar gold kept in the room. Learned counsel for the petitioners submits that the petitioners are quite innocent and have committed no offence. Entire allegation is false, fabricated and concocted. There is a case and counter case between the parties. Learned counsel for the petitioners further submits that there is specific allegation against Noor Mohammad, Tajir, Tanwir, Mahboob and Zahidul Rahman. Learned counsel for t he petitioners further submits that there is no specific allegation against the petitioners.

There is general and omnibus allegation against the petitioners and the petitioners have got no any criminal antecedent. In the facts and circumstances of the case, let the above named petitioners be released on bail, in the event of arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 20,000/- (twenty thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Kishanganj in connection with Pothia P.S. Case No.

Patna High Court CR. MISC. No.10164 of 2020(2) dt.03-03-2020 3/3 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Anjani Kumar Sharan, J) Nasimul/- U T