Aftab Azam Khan @ Bholi Khan @ Aftab Alam And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55878 of 2015 Arising Out of PS.Case No. -509 Year- 2014 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Aftab Azam Khan @ Bholi Khan @ Aftab Alam, son of Nezamuddin Khan, Resident of Mohalla- Baniyapatti, P.O. + P.S.- Motihari Town, District- East Champaran.

2. Tribhuwan Prasad son of Nawal Kishore Prasad. Resident of VillageMalkauniya, P.S. Motihari, Muffasil, District- East Champaran.

3. Dr. Ayub Kashim @ Ayub Kasim @ Ayub Alim, Son of Rahim Mian Resident of Mohalla- Mathiya, P.O.- Motihari Town, P.S.- Chhatauni, District- East Champaran.

4. Sunil Kumar Ram @ Sunil Ram Son of Sakaldeo Ram Resident of Mohalla- Panch Mandir, P.O. and P.S. Motihari Town, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar For the Opposite Party/s : Mr. Anil Kumar Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02/ 09-12-2015 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending their arrest in a case registered for the offences punishable under

Patna High Court Cr.Misc. No.55878 of 2015 (2) dt.09-12-2015 2/3 Sections 420, 467, 468, 471, 120B, 384, 386, 387, 395, 504 and 506/34 of the Indian Penal Code.

The prosecution case is that the petitioner no. 1 is the friend of the informant and other petitioners are friends of petitioner no. 1. On call of petitioner no. 1 the informant went to the house of petitioner no. 1 where the accused persons snatched the motorcycle, rupees sixty five thousand and gold chain, taken the signature of the informant on stamp paper and demanded Rs.15,00,000/- as extortion. It is submitted by learned counsel for the petitioners that the present accusation has been levelled in the background that petitioner no. 1 has filed Motihari Town P.S. Case No. 262 of 2014 levelling accusation under Sections 406, 420, 467, 468, 471 and 120B of the IPC against the informant and his family members then the present FIR was registered on 27.07.2014 for the occurrence of 30.06.2014.

A statement has been made in paragraph 3 of the petition that the petitioners have no criminal antecedent. Considering the delayed lodging of the case and the case lodged by the petitioners' side at earlier point of time, let the above named petitioners be released on anticipatory bail, in the event of their arrest or surrender before the learned

Patna High Court Cr.Misc. No.55878 of 2015 (2) dt.09-12-2015 3/3 court below within a period of twelve weeks from today, on furnishing bail bonds of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran in connection with Motihari Town P.S. Case No. 509 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

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