Md. Asghar @ Ziman v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38686 of 2019 Arising Out of PS. Case No.-267 Year-2019 Thana- JAHANABAD District- Jehanabad ====================================================== 1.
Md. Asghar @ Ziman, aged about 32 years, Male, S/o Md. Ali 2.
Md. Ashique @ Md. Ashik, aged about 38 years, Male, S/o Md. Mansur Rain 3.
Md. Shahanshah, aged about 28 years, Male, S/o Murtaj Rain 4.
Md. Mumtaz, aged about 22 years, Male, S/o Md. Mahorum Rain 5.
Md. Saddam, aged about 32 years, Male, S/o Md. Mohmad Rain All residents of village- Jafarganj, P.S.- Jahanabad, District- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratanakar Jha, Adv.
Ms. Kusum Rani, Adv.
For the Opposite Party/s :
Mr.Braj Kishore Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 25-06-2019 Heard learned counsel for the petitioners and learned counsel for the State.
In this case, the petitioners are apprehending their arrest in connection with Jehanabad P.S. Case No. 267 of 2019 registered for offences under sections 386 of the Indian Penal Code.
In the First Information Report, it has been alleged that the on 30.3.2019 at about 11 a.m., the petitioners came to the house of the Informant, called the Informant whereupon Md. Asghar told that you are Vice President of the Nagar Parishad,
Patna High Court CR. MISC. No.38686 of 2019(2) dt.25-06-2019 2/3 Jehanabad and you are earning huge amount and demanded Rs. 1,50,000/- from him, thereafter, Md. Ashique and Md. Shahanshah told that if the Informant would not pay the aforesaid amount, then h will be killed.
Learned counsel for the petitioners submits that there is no specific allegation against the respondent nos.4 & 5. He further submits that they have also no criminal antecedent. There being no specific allegation of any overt act against the respondent nos. 4 & 5, above named, let they, in the event of their arrest or surrender before the court below within a period of four weeks from today, be released on 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 Chief Judicial Magistrate, Jehanabad in connection with Jehanabad P.S. Case No. 267 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also subject to condition that whenever the police will call them for investigation/interrogation, they will remain present and if they would not present themselves, the privilege of grant of anticipatory bail shall be deemed to have been canceled. However, looking to the specific allegation made against the respondent nos. 1, 2 & 3, above named, this Court is
Patna High Court CR. MISC. No.38686 of 2019(2) dt.25-06-2019 3/3 not inclined to grant them privilege of anticipatory bail. (Shivaji Pandey, J) rishi/- U T