Md. Sheru @ Sher Mohammad And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.6083 of 2015 Arising Out of PS.Case No. -262 Year- 2012 Thana -KORHA District- KATIHAR ======================================================
1. Md. Sheru @ Sher Mohammad
2. Md. Yaru @ Yar Mohammad Both sons of late Azad Ali
3. Md. Akhtar son of Irfan Ali
4. Ainul Haque son of Danosh Ali
5. Md. Farid @ Farid Alam son of Nasiruddin
6. Md. Bhola @ Akhtar @ Bhola son of Md. Afsar Ali
7. Md. Gaffar Ali @ Gaffar son of Meser Ali
8. Md. Mustaque Ali @ Mustaque son of Sajjad Ali
9. Mumtaj Ali son of Md. Sabdar Ali All are resident of village Simariya Chamapura Pathan Tola, P.S. Korha, District Katihar .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhola Prasad, Advocate. For the Opposite Party/s : Mr. Surendra Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 13-02-2015 Heard both sides.
The petitioners apprehend their arrest in Korha P.S. Case No. 262 of 2012, registered for the offences punishable under Section 307 and some other Sections of the Indian Penal Code.
The informant alleged that firstly Md. Naushad restrain the informant and took Rs. 850/- from his pocket on 13.06.2012. On 15.06.2012 Md. Naushad and others including the petitioners assaulted the informant and others.
Learned counsel for the petitioners submits that there is
Patna High Court Cr.Misc. No.6083 of 2015 (2) dt.13-02-2015 2/2 case and counter case. The allegation of demand of extortion is false and made with a view to make the case serious. On account of assault made by the petitioners simple injuries were caused. Similarly situated accused namely Manik Chand @ Firoz Alam, Laskar Ali, Altab Ail, Md. Iliyas and Md. Kalu have already been enlarged on anticipatory bail passed in Cr. Misc. No. 44323 of 2012 and the case of the petitioners stand on same footing.
Considering the facts aforesaid and the fact that there is case and counter case and the case of the petitioners stands on same footing as that of the other persons who have already been granted bail, the petitioners, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to 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 the learned Chief Judicial Magistrate, Katihar in connection with Korha P.S. Case No. 262 of 2012, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J.) KKSINHA/- U T