Ali Emam Shekh @ Sk. Aliemam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41348 of 2022 Arising Out of PS. Case No.-68 Year-2013 Thana- PURUSHOTTAMPUR District- West Champaran ====================================================== 1.

ALI EMAM SHEKH @ SK. ALIEMAM SON OF FAJALU RAHMAN SHEKH R/O VILLAGE - MURLI PARSAUNI, P.S.- PURSHOTAMPUR, DISTRICT- WEST CHAMPARAN 2.

BUNDELI SHEKH @ SK. BUNDELI SON OF SADIK SHEKH R/O VILLAGE - MURLI PARSAUNI, P.S.- PURSHOTAMPUR, DISTRICTWEST CHAMPARAN ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Dr. Kumar Uday Pratap, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-12-2022 Heard learned counsel for the petitioners and learned A.P.P. for the State.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 447, 427, 385, 504 and 34 of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner no. 1 is a senior citizen aged about 65 years and the informant alleges that on account of dispute relating to land Sheikh Alim with gun ran for assaulting and demanded Rs. 5,000/- as extortion.

Learned counsel for the petitioners submits that petitioners have been falsely implicated in the present case, it is next submitted that from bare perusal of the allegation as alleged in the F.I.R. it

Patna High Court CR. MISC. No.41348 of 2022(2) dt.12-12-2022 2/2 would manifest that the allegations are ornamental in nature. It is also submitted that petitioner no. 1 who remained a person with clean antecedent till 65 years, all of a sudden has been made a criminal by alleging that he was running with a gun for assaulting the informant and demanded Rs. 5,000/- as extortion. It is next submitted that allegation against the petitioner no. 2 is also general and omnibus in nature.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 5,000/- (Rupees Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Purushottampur P.S. Case No. 68 of 2013 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) Rishabh/- U T