Saheb Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63358 of 2023 Arising Out of PS. Case No.-372 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== Saheb Khan Son Of Monak Khan R/O Vill - Nauwadih, Ward No. 3, P.S. - Sugauli, Distt. - East Champaran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 63398 of 2023 Arising Out of PS. Case No.-372 Year-2022 Thana- SUGAULI District- East Champaran ====================================================== 1.
Aman Khan Son Of Mahmood Khan Resident Of Village - Nauwadih, Ward No.3, Police Station - Sugauli, District - East Champaran 2.
Sahil Khan Son Of Mahmood Khan Resident Of Village - Nauwadih, Ward No.3, Police Station - Sugauli, District - East Champaran 3.
Munni Khatoon Wife Of Mahmood Khan Resident Of Village - Nauwadih, Ward No.3, Police Station - Sugauli, District - East Champaran 4.
Aarif Khan Son Of Monak Khan Resident Of Village - Nauwadih, Ward No.3, Police Station - Sugauli, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 63358 of 2023) For the Petitioner/s :
Mr.Anant Kumar Mishra For the Opposite Party/s :
Mr.Jagdhar Prasad (In CRIMINAL MISCELLANEOUS No. 63398 of 2023) For the Petitioner/s :
Mr.Anant Kumar Mishra For the Opposite Party/s :
Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 19-12-2023 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 324, 354, 379, 504, 506/34 of the Indian Penal Code and
Patna High Court CR. MISC. No.63358 of 2023(3) dt.19-12-2023 2/3 later on Section 307 of the IPC has been added.
3. Petitioners are said to have assaulted the informant and his family members with iron rod and fist and slap. They have outraged the modesty of the informant and snatched golden ear ring and Rs. 20,000/-.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in this case due to land dispute. He submits that the injury found upon the victim is simple in nature. He submits that there is general and omnibus allegation levelled against the petitioners. He submits that the theft of ear ring and Rs. 20,000/- cash is just a super addition to the prosecution case. He further submits that petitioners have no criminal antecedent as stated in para-3 of the bail application.
5. Learned APP for the State opposes the prayer for bail.
6. Considering the facts and circumstances of the case, let the above named petitioners in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the
Patna High Court CR. MISC. No.63358 of 2023(3) dt.19-12-2023 3/3 learned court below where the case is pending/successor court in connection with Sugauli P.S. Case No. 372 of 2022, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) devendra/- U T