Md. Kurban v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.46119 of 2024 Arising Out of PS. Case No.-240 Year-2023 Thana- LAUKAHA District- Madhubani ====================================================== 1.
Md. Kurban S/o Md. Mokim R/o vill - Ghormohna, P.S. - Lalmaniya O.P., Dist. - Madhubani 2.
Md. Imran @ Md. Ibran S/o Md. Mumtaj R/o vill - Ghormohna, P.S. - Lalmaniya O.P., Dist. - Madhubani 3.
Md. Kamar S/o Umar Ali R/o vill - Ghormohna, P.S. - Lalmaniya O.P., Dist. - Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baleshwar Kamat , Advocate For the Opposite Party/s :
Mr. Upendra Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-08-2024 Heard learned counsel for the petitioners and the State .
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 384, 504, 506 and 34 of the Indian Penal Code .
3 . As per the prosecution case, informant received secret information regarding an occurrence dated 29.08.2023 at about 11.45 p.m. that these petitioners alongwith other coaccused persons abused Niraj Kumar Sah at his house, and on
Patna High Court CR. MISC. No.46119 of 2024(2) dt.06-08-2024 2/3 the point of revolver demanded extortion , threatened him (the victim) to compromise the case, and thereafter all fled away towards Nepal. It is next alleged that the informant reached the house of Niraj Kumar Sah (the victim) for verification, where the victim supported the occurrence and recovered one (1) live cartridge and accordingly prepared the seizure list and took the signature of two Chowkidars.
4. It is submitted on behalf of the petitioners that the entire prosecution case is false and concocted. The alleged victim has not made any complaint and the present case has been lodged by the informant only with a view to harass and humiliate these petitioners. No incriminating material has been recovered from the conscious possession of these petitioners and they are no way connected with the aforesaid recovery .
5. Learned counsel for the State oppose the bail petition.
6 Considering the aforesaid facts and circumstances of the case, in the event of arrest or surrender within six weeks from today, let the petitioners, as named above, be enlarged 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 the learned SDJM, Jhhanjharpur District Madhubani in
Patna High Court CR. MISC. No.46119 of 2024(2) dt.06-08-2024 3/3 connection with Laukaha ( Lalmaniya) P.S. Case No. 240 of 2023 , subject to the conditions laid down under section 438(2) of the Code of Criminal Procedure .
(Prabhat Kumar Singh, J) Koushik/- U