Patna High CourtCR. MISC./40216/2018bail granted

Md. Kokan And ORS v. The State Of Bihar

2018-07-11Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40216 of 2018 Arising Out of PS.Case No. -123 Year- 2018 Thana -SAUR BAZAR District- SAHARSA ======================================================

1. Md. Kokan, Son of Md. Sharif Sah.

2. Md. Akbar @ Md. Akhtar, Son of Late Jamir Sah.

3. Md. Nuro @ Md. Nuro Sah, Son of Muslim Sah, All are resident of Village- Kanp, Purvi Tola, P.S. Sour Bazar, District- Saharsa. .... .... Petitioners

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Sanjay Kumar Jha For the Opposite Party/s : Mr. Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 11-07-2018 Heard learned counsel for the petitioners.

Petitioners apprehend their arrest in connection with Sour Bazar P.S.Case No. 123 of 2018 registered for the offences punishable under Sections 341, 323, 379, 307, 504 and 506/34 of the Indian Penal Code and Section 27 of the Arms Act. Allegation against petitioner No.1 is that he fired at the wife of Md. Jasim but could not hit her, later on there is allegation that all the petitioners entered inside the house and taken away three lakh rupees from the house of informant. Submission of learned counsel for the petitioners is that there are series of litigations going on between the parties and earlier a case has been lodged against the informant about

Patna High Court Cr.Misc. No.40216 of 2018 (2) dt.11-07-2018 2/2 kidnapping of daughter of petitioner No.2 and that case is pending and, as such ornamental allegation has been made against the petitioners.

Heard learned APP also.

Having heard both sides and in the facts and circumstances, let the petitioners, named above, in the event of their arrest or surrender, be released on bail on furnishing bail bonds of Rs.25,000/- (Rupees twenty five thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Saharsa, in connection with Sour Bazar P.S.Case No. 123 of 2018, subject to the conditions as laid down under Section 438(2) Cr.P.C. and further condition is that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned. (Vinod Kumar Sinha, J) spal/- U