Salahuddin Khan And ORS v. State Of Bihar And ANR

Patna High Court Cr.Misc. No.19366 of 2018 (2) dt.05-04-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19366 of 2018 Arising Out of PS.Case No. -47 Year- 2017 Thana -AURANGABAD COMPLAINT CASE DistrictAURANGABAD ======================================================

1. Salahuddin Khan, Son of Late Shamsuddin Khan

2. Azim Khan @ Azim Akhatar, S/o Salahuddin Khan

3. Amjad Khan, S/o Salahuddin Khan

4. Asjad Khan, S/o Salahuddin Khan All resident of Vill.- Bantara, P.S.- Deokund, District- Aurangabad.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Shahid Ahamad, Son of Muslim Ahamad, resident of village- Bantara, P.S.- Deokund, District- Aurangabad (Bihar).

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ranjit Kumar For the Opposite Party/s Mr. Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02/ 05.04.2018 Heard learned counsel for the petitioners as well as learned Addl. Public Prosecutor for the State. Petitioners apprehend their arrest in connection with Complaint case no. 47/2017 in which cognizance has been taken for the offences punishable under sections 323, 379 and 341/34 of the Indian Penal Code.

The accusation against the petitioners is that they snatched Rs 21,000/- from the complainant putting pistol on his chest.

Submission on behalf of the petitioners is that

Patna High Court Cr.Misc. No.19366 of 2018 (2) dt.05-04-2018 petitioner no.1 lodged Deokund P.S. Case no. 03/2017 against the complainant on 26.1.2017 for the offences under sections 323, 341, 504 and 506/34 of the Indian Penal Code and in retaliation to the aforesaid Deokund P.S. Case no. 03/2017, the present complainant filed the present false case.

Considering the aforesaid facts and circumstances as well as submissions of the parties, it is ordered that in the event of arrest/ surrender within four weeks from the date of receipt of this order to the concerned court, let the petitioners be released on bail on furnishing bail bonds of Rs 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, Ist Class, Daudnagar, Aurangabad in Complaint case no. 47/2017 subject to condition as laid down under section 438(2) of the Cr.P.C.

shahid (Hemant Kumar Srivastava,J) U T