Afroz Alam @ Sundar And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26214 of 2015 Arising Out of PS.Case No. -131 Year- 2014 Thana -SATHI DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Afroz Alam @ Sundar, Son of Sheikh Habibullah.
2. Najahir Sheikh, Son of Late Sheikh Rahim.
3. Sheikh Ashraf @ Bijuli @ Sheikh Ashraf Ali @ SK. Asraf, Son of Sheikh Safiullah.
4. Ajahar Alam @ Bakulawa @ Azahar, Son of Sheikh Safiullah .
5. Sheikh Gulab, Son of Habibullah. All residents of village - Bazar Belwa, P.S. Sathi, District - West Champaran.
.... .... Petitioners
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioners : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party : Mr. Abhay Kumar-I(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 17-07-2015 The petitioners are apprehending their arrest in connection with Sathi P.S. Case No. 131 of 2014 for the offences instituted under Sections 341, 323, 447 and 387/34 of the I.P.C. Heard learned counsel for the petitioners and learned counsel for the State.
The prosecution story, in brief, is that the informant runs a brick-kiln and a JCB Machine and tractor are being used in the said brick-kiln. Accused persons including the petitioners were demanding Rs. 50,000/- as rangdari and on 10.07.2014 they intercepted the informant when he was going to his brick-kiln and
Patna High Court Cr.Misc. No.26214 of 2015 (2) dt.17-07-2015 2/3 extended threat that if the demand will not be fulfilled till 15.07.2014 then they will shot him dead and on 17.07.2014 they intercepted the driver of his JCB Machine and asked him to say the informant for payment of Rs. 50,000/- and also threatened to his driver that in case of non-payment of said demand they will kill the informant and his driver. They also broken the front glass of his JCB Machine.
It has been submitted on behalf of the petitioners that no specific allegation has been made against the petitioners. It is further submitted that the petitioners have got no criminal antecedent. Further it has been submitted that due to land dispute, 144 Cr. P.C. and 107 Cr. P.C. proceedings are pending between the parties.
On behalf of the State it has been submitted that the petitioners are named in the F.I.R.
Considering the aforesaid facts and circumstances, let the petitioners above named, be released on bail in the event of their arrest or surrender before the learned court below within a period of six weeks from today in connection with Sathi P.S. Case No. 131 of 2014 on furnishing bail bond of Rs. 10,000/-(Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., West Champaran at Bettiah,
Patna High Court Cr.Misc. No.26214 of 2015 (2) dt.17-07-2015 3/3 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.
U.K./- (Sudhir Singh, J) U T