Sheikh Mahboob Alam And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.46637 of 2018 Arising Out of PS.Case No. -195 Year- 2018 Thana -PHULWARI District- PATNA ======================================================
1. Sheikh Mahboob Alam
2. Mumtaz Alam Both Sons of Late Nasimuddin, resident of Ishapur, Aman Colony, Petrol Line, Phulwari Sharif, P.S.- Phulwari Sharif, District- Patna.
3. Md. Shahid @ Md. Shahil @ Sahil Son of Md. Azhar Imam @ Kallu
4. Md. Mumtaz Arfi @ Munna
5. Tinku, Both sons of Md. Mustafa 3 to 5 are resident of Isha Nagar, Naya Tola, Phulwari Sharif, P.S.- Phulwari Sharif, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dharmendra Kumar, Advocate For the Opposite Party/s : Mr. Shailendra Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 10-08-2018 Heard the parties. The petitioners seek anticipatory bail in connection with Phulwari Sharif P.S. Case No. 195 of 2018, registered for offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 386, 337, 427 and 504 of the Indian Penal Code.
As per F.I.R., allegation against the petitioners along with others is that they assaulted the informant and other family members with rod, causing injury on the rib of the informant and also demanded rangdari.
Submission of the learned counsel for the petitioners is that they have falsely been implicated in this case and the allegation of assault by means of rod is against only Kallu Harami and from the petitioners' side lodged a case against the informant as Phulwari Sharif P.S. Case No. 209 of 2018 for save his skin. It
Patna High Court Cr.Misc. No.46637 of 2018 (3) dt.10-08-2018 2/2 is further submitted that no grievous injury has been found on the person of the informant and amount has been given to the informant for providing a job but he did not do so and thereafter they assaulted the informant, which will appear from Annexure-3. Learned A.P.P. opposes the prayer for bail.
Having heard both sides and in view of the facts and circumstances, as discussed above, let the petitioners, above named on surrender or arrest within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Sub Judge- XV-cum- A.C.J.M. Patna in connection with Phulwari Sharif P.S. Case No. 195 of 2018, subject to the conditions as laid down under Section 438 (2) of Cr.P.C. with condition that one of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(Vinod Kumar Sinha, J) Sudha/-sunil U T