Taufique Alam And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.49704 of 2017 Arising Out of PS.Case No. -106 Year- 2017 Thana -SIKTA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Taufique Alam,
2. Jafraj Alam @ Bhuteli @ Jafraj Ahmad Both Sons of Sk. Faraz,
3. Mashih Ahmad @ Mashi Ahmed
4. Vashi Ahmad
5. Wali Ahmad
6. Shakil Ahmad Petitioner No.3 to 6 are Sons of Sk. Inus,
7. Nazir Ahmad S/o Late Abdul Hafij, All R/o Village- Jhumka, P.S.- Sikta, District- West Champaran at Bettiah.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghunandan Kumar Singh For the Opposite Party/s : Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 14-12-2017 Heard the learned counsel for the petitioners as well as the learned A.P.P. for the state.
In this application for anticipatory bail the petitioners apprehend their arrest in connection with Sikta P.S. Case No. 106 of 2017 for the offences punishable under sections 341, 323, 354, 324, 379, 452 and 504/34 of the I.P.C.
Allegedly, earlier Taufique Alam and Jafraj Alam @ Bhuteli assaulted the informant and when the matter was complained then Mashih Ahmad instigated other accused to kill and opened firing with Nalkatti. Vashi Ahmad gave farsa blow on
Patna High Court Cr.Misc. No.49704 of 2017 (3) dt.14-12-2017 2/3 Dhodha and Shamshul causing head injury on Shamshul and when Raushan Jahan and Moslima Khatoon came to save, they were also assaulted by making them necked and further Raushan Jahan received head injury and Moslima Khatoon received injury on her leg and chest. Other accused tried to kill with Fasri and further they stated committing loot and take away Rs. 20,000/- and ornaments.
Submission is of false implication and that the petitioners have not committed any offence, the petitioners have lodged Sikta P.S. Case No. 105 of 2017 against the informant and others and to save the skin from that case this false case has been lodged with baseless and concocted story, in the occurrence three injuries have been received which are simple in nature and as such the petitioners deserve sympathetic consideration. The learned A.P.P. opposes prayer for pre-arrest bail of the petitioners but fairly submits that all the three injuries which have been received are simple in nature.
In the facts and circumstances stated above, considering the injury reports, the petitioners, in case of their arrest or surrender within a period of four weeks from the date of receipt/production of a copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with
Patna High Court Cr.Misc. No.49704 of 2017 (3) dt.14-12-2017 3/3 two sureties of the like amount each to the satisfaction of A.C.J.M-III, West Champaran at Bettiah in connection with the aforementioned case, subject to the condition as laid down under section 438 (2) of the Cr.P.C.
(Jitendra Mohan Sharma, J) Abhay/- U T