Sheikh Samsher @ Samsher Alam And ORS. v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.55436 of 2015 Arising Out of PS.Case No. -72 Year- 2013 Thana -SIKTA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Sheikh Samsher @ Samsher Alam son of Sheikh Samsul
2. Md. Imteyaz @ Imteyaz Alam, son of Sheikh Hanif
3. Sheikh Safiullah son of Sheikh Mokhtar
4. Sheikh Serajul @ Sheikh Serajul Haque @ Serajul Haque son of Safroz Alam,
5. Sheikh Samsul @ Samsul Haque son of Late Sheikh Shahid
6. Noornama Khatoon wife of Sheikh Mukhtar All residents of village- Jhumka, P.S.- Sikta, District- West Champaran .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the State : Mr. Dr.Indiwar Kumari, APP For the informant : Mr. Bimlesh Kumar Pandey, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 29-01-2016 Heard learned counsel for the petitioner, learned counsel for the State and learned counsel for the informant. The petitioners seek pre-arrest bail in connection with Trial No. 3702 of 2015 arising out of Sikta P.S. Case No.72 of 2013 registered under Sections 143, 341, 323, 337, 324, 307, 379 and 504/34 of the Indian Penal Code.
Regard being had to the allegation that petitioner no.1, namely, Sheikh Samsher @ Samsher Alam assaulted the informant with spear, I am not inclined to grant him anticipatory
Patna High Court Cr.Misc. No.55436 of 2015 (4) dt.29-01-2016 2/2 bail. Accordingly, the application as far as petitioner no.1, Sheikh Samsher @ Samsher Alam, is rejected.
Since there is no specific allegation of overt act against petitioners no.2 to 6, namely, Md. Imteyaz @ Imteyaz Alam, Sheikh Saifullah, Sheikh Serajul @ Sheikh Serajul Haque @ Serajul Haque, Sheikh Samsul @ Samsul Haque and Noornama Khatoon respectively, in the event of arrest/surrender in the court below within six weeks from today, they are directed to 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 Sri Jitesh Kumar, Judicial Magistrate, 1st Class, Bettiah, West Champaran in connection with Trial No.3702 of 2015 arising out of Sikta P.S. Case No. 72 of 2013 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Ashwani Kumar Singh, J) Md.S./- U T