← Library
Patna High CourtCR. MISC./28118/2016bail granted

Md. Asgar Ali Sah @ Asgar Ali Sah And ORS v. The State Of Bihar

2016-07-11Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28118 of 2016 Arising Out of PS.Case No. -87 Year- 2016 Thana -SIWAN MUFFASIL District- SIWAN ======================================================

1. MD. ASGAR ALI SAH @ ASGAR ALI SAH & ORS S/o Habib Sah

2. Arman Ali Sah @ Arman sah @ Arman Ali S/o Babujaan sah

3. Alauddin sah S/o Garib sah All are R/o Mission Compound Takia Siwan , P.S. Mahadeva O.P. , District-Siwan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar Pandey For the Opposite Party/s : Mr. Sri Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-07-2016 Petitioners are apprehending their arrest in a case registered for the offences punishable under Sections 147, 148, 323, 427, 379, 384, 504, 506 of the Indian Penal Code. The prosecution case is that the informant purchased a piece of land in Mahadeva Mission compound, Siwan appertaining to Khata No. 197, Survey Plot No. 17 measuring an area of one katha. One Dinesh Kumar Bhagat also purchased two katha of land appertaining to the same plot. On 11.03.2016 when the contractor of the informant started making construction of the land then extortion demand of rupees three lacs were made wherein petitioners and other accused persons took away cement and other construction materials and snatched Rs. 1600/- from the pocket of the contractor, whereas co-accused Khedan Sah snatched gold

Patna High Court Cr.Misc. No.28118 of 2016 (2) dt.11-07-2016 2/2 chain from the neck of the informant.

It is submitted by learned counsel for the petitioners that in the background of pending 107 and 144 Cr.P.C proceeding with regard to the land in question the accusation has been levelled.

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 Chief Judicial Magistrate, Siwan in connection with Siwan Muffasil P.S. Case No. 87 of 2016, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) Shageer/- U T