Kamran Faisal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.25822 of 2022 Arising Out of PS. Case No.-540 Year-2021 Thana- BETTIAH CITY District- West Champaran ====================================================== 1.

KAMRAN FAISAL S/o Jamil Ahmad R/o village- Vrindavan, P.S.- Sathi, District- West Champaran 2.

JAHANGIR KHAN S/o Rahman Khan Resident of Basant Tola, Bettiah, P.S.- Bettiah Town (Kalibag O.P.), District- West Champaran 3.

BABLU KHAN S/o Noor Alam Khan Resident of Basant Tola, Bettiah, P.S.- Bettiah Town (Kalibag O.P.), District- West Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Kumar Veerendra Narayan Mr.Dhananjay Kumar No. 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 15-09-2022 Heard learned counsel for the petitioners, State and informant.

The petitioners apprehend their arrest in a case registered for the offence under Sections 323, 341, 504, 506, 384, 379/34 of the Indian Penal Code.

As per the prosecution case, on the alleged date and time of occurrence, while the informant was about to leave after locking his room, all the accused persons including these petitioners came there and started snatching key from him and on protest, petitioners no. 1 & 2 assaulted him. It is further alleged that co-accused Khedaru Khan snatched cash of Rs. 4,150/- from pocket of informant and petitioner no. 2 snatched

Patna High Court CR. MISC. No.25822 of 2022(2) dt.15-09-2022 2/3 the key from the informant. Accused persons also demanded Rupees Fifteen Lacs, as protection money, from the informant. It is submitted on behalf of petitioners that petitioners have been falsely implicated in this case because of land dispute between the parties. Petitioner no. 2, being friend of petitioner no. 1, and petitioner no. 3, being tenant of petitioner no. 1, have got no concern with the alleged land and they have been falsely implicated. As a matter of fact, petitioner no. 1 had purchased the land from co-accused Khedaru Khan after paying a consideration money of Rs. 22,50,000/- and only with a view to harass and grab the land of petitioner no. 1, the informant has lodged this case.

However, learned counsel for the complainant/opp.party no. 2 vehemently opposes the prayer for bail and submits that petitioners are named in the F.I.R. and there is specific allegation against these petitioners of demanding protection money and only with a view to grab the land of informant, petitioners have created false and fabricated sale-deed of the land of the informant. Petitioners no. 1 & 2 have also got criminal antecedent also.

However, considering the nature of dispute between the parties, let the above named petitioners, in the event of their

Patna High Court CR. MISC. No.25822 of 2022(2) dt.15-09-2022 3/3 arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Bettiah, West Champaran in connection with Bettiah (Town) Kalibagh O.P. P.S. Case No. 540 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

(Prabhat Kumar Singh, J) anay/- U T