Chhotu Khan @ Mohsin Khan And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40643 of 2016 Arising Out of PS.Case No. -9 Year- 2016 Thana -NIMCHAKBATHANI District- GAYA ======================================================
1. Chhotu Khan @ Mohsin Khan S/o Late Sasin Khan,
2. Jamil Khan S/o Tazammul Khan Both resident of Village- Simraur, P.S.- Neemchak Bathani, District- Gaya. .... .... Petitioners
Versus
1. The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mrs. Manisha Prakash, Advocate For the Opposite Party/s : Mr. Sri Shailendra Kumar -2 For the Informant : Mr. Nilesh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 22-09-2016 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
This application, for grant of anticipatory bail, arises out of Neemchak Bathani P.S. Case No. 09 of 2016, disclosing offences under Sections 147, 148, 149, 323, 325, 326, 327 and 307 of the Indian Penal Code and Section 27 of the Arms Act. It is alleged that the accused persons including the petitioners surrounded the informant and assaulted him with Lathi and Danda and they also opened fire, which did not hit him. It is alleged against co-accused, Mumtaj Khan, that he gave him a blow with dagger.
Learned counsel, appearing on behalf of the
Patna High Court Cr.Misc. No.40643 of 2016 (2) dt.22-09-2016 2/3 petitioners, has submitted that no offence under Section 307 of the I.P.C. is made out, on the basis of what has been alleged in the F.I.R. It has also been submitted that there is no specific allegation of assault against the accused persons except coaccused, Mumtaj Khan. On the other hand, leaned counsel, appearing on behalf of the informant, has opposed the prayer for anticipatory bail.
However, after going through the F.I.R., I find substance in the submission advanced on behalf of the petitioners. This application is, accordingly, allowed. Let the petitioners, above-named, in the event of their arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Xth, Gaya in connection with Neemchak Bathani P.S. Case No. 09 of 2016, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioner shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to
Patna High Court Cr.Misc. No.40643 of 2016 (2) dt.22-09-2016 3/3 appear before the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J) ajaypd./- U T