Mintoo Khan And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.1811 of 2016 Arising Out of PS.Case No. -177 Year- 2014 Thana -BAUNSI District- BANKA ======================================================
1. Mintoo Khan
2. Pintoo Khan Both sons of Abdul Khan
3. Saddam Khan son of Mistar Khan
4. Shamshad Khan son of Ghutto Khan
5. Najmi Khan @ Nijam Khan @ Abdul Nijam Khan son of Shamshad Khan
6. Abdul Hasnain Khan @ Abdul Khan son of Shamshad Khan All are residents of village - Babudih, P.S. - Bounsi, District - Banka. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Nandad Prasad For the Opposite Party/s : Mr. J.N.Thakur (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 14-01-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 379, 504, 506 of the Indian Penal Code.
The prosecution case is that on 11.11.2013 the vehicle of the petitioner No. 1 Mintoo Khan was coming with sand near Bone-godown, Dumka, Bounsi Road and when the informant demanded the challan then he failed to show the same. In the meantime, co-accused Faiyaz Khan and Tinku Khan directed to crush the informant but the informant ran to save his skin. It is further alleged that someone informed the brother-in-law of the informant who reached on the spot to
Patna High Court Cr.Misc. No.1811 of 2016 (2) dt.14-01-2016 2/2 rescue him who was also assaulted by the accused persons. It is submitted by learned counsel for the petitioners that on conclusion of the investigation the petitioners were not sent up for trial and final form has been submitted while others were charge-sheeted, but differing with the final form, cognizance has been taken.
A statement has been made in para 3 of the petition that petitioners have no criminal antecedent. Considering the aforesaid facts, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of 12 weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Banka in connection with Bounsi P.S. Case No. 177 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Dinesh Kumar Singh, J) Shageer/- U T