Sheikh Ekbal @ Ekbal Ahmed And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38959 of 2016 Arising Out of PS.Case No. -58 Year- 2016 Thana -MAINATAND DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Sheikh Ekbal @ Ekbal Ahmed son of late Sheikh Fauzdar Hussain
2. Sheikh Badrudoza @ M. Badruddoza son of late Dafadar Hussain
3. Sheikh Irtaza @ Bullet @ Md. Irtaza son of Sheikh Badrudoza
4. Sheikh Kamrul Hoda @ Heman @ Md. Kamrul Hoda son of late Bunad Seikh
5. Sheikh Kaushar @ Kaushar Ali son of Kamrul Hoda All are residents of village - Bastha, Police Station - Mainatand, District - West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Brij Kishor Mishra, Adv. For the Opposite Party/s : Mr. Kumar Virendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 17-11-2016 Heard both sides.
The petitioners apprehend their arrest in Mainatand P.S. Case No. 58/2016, registered for the offences punishable under Section 354B and other sections of the Indian Penal Code and Section 27 of the Arms Act.
Bhagmani Devi the informant alleged that the petitioners were ploughing her land forcibly. On protest by the informant and others, the accused persons stripped their clothes and assaulted them and they went upon to cause fire-arm injury to the informant and others.
Learned counsel for the petitioners submits that there is
Patna High Court Cr.Misc. No.38959 of 2016 (4) dt.17-11-2016 2/2 counter version bearing Mainatand P.S. Case No. 60/2016, in which it is alleged that the informant Sheikh Jimadar was ploughing the land of the petitioner with tractor. The informant and others went there and began to abuse him and on protest they also assaulted Sheikh Jimadar (informant). A proceeding under Section 144 Cr. P.C. is also going on with regard to the same land bearing case no. 619M/2016 in which the petitioners are second party. The informant and others got simple injuries.
Considering the facts aforesaid and the fact that there is case and counter case and the injuries found on the person of the informant are simple in nature, the petitioners above-named, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, are directed to 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 Sub-Divisional Judicial Magistrate, Bettiah, West Champaran in connection with Mainatand P.S. Case No. 58/2016, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Jha, J.) Vinita/- U T