Md. Khushnur @ Chhotey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72996 of 2023 Arising Out of PS. Case No.-130 Year-2023 Thana- SINGHWARA District- Darbhanga ====================================================== 1.
MD. KHUSHNUR @ CHHOTEY Son of Md. Tahir R/o vill - Bharwara (Kagji Mohalla), P.S. - Singhwara, Dist. - Darbhanga 2.
MD. OSAMA Son of Late Jahangir R/o vill - Bharwara (Kagji Mohalla), P.S. - Singhwara, Dist. - Darbhanga 3.
TIPU SULTAN Son of Md. Ahsan R/o vill - Bharwara (Kagji Mohalla), P.S. - Singhwara, Dist. - Darbhanga 4.
MD. SITARE Son of Md. Nasim R/o vill - Bharwara (Kagji Mohalla), P.S. - Singhwara, Distt. - Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Vinay Kumar Mishra, Adv.
For the Opposite Party/s :
Mr.Manoj Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-03-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 307, 384, 379, 427, 504, 506 of the Indian Penal Code.
3. Allegedly, all the accused persons including the petitioners, having armed with deadly weapons, came at the shop of the informant and committed loot due to non-fulfillment of the demand of extortion money to the tune of Rs. 50,000/- by
Patna High Court CR. MISC. No.72996 of 2023(3) dt.05-03-2024 2/3 the informant. They also assaulted the informant brutally due to which he sustained several injuries.
4. It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. No such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case due to ulterior motive. The allegation levelled against the petitioners is totally false and based on concocted facts. There is case and counter case between the parties. Both sides have sustained injuries. The injuries sustained by the injured are simple in nature, which is also evident from the injury report enclosed in the case diary. Petitioner no.1 has three criminal antecedents and petitioner nos. 3 & 4 have two criminal antecedents, whereas petitioner no.2 has no criminal antecedent as mentioned in para-3 of this application.
5. Learned APP for the State opposes the prayer for bail.
6. Having regard to the facts and circumstances of the case as well as considering the nature of the injuries sustained by the injured i.e. simple, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs.25,000/- (Rupees Twenty
Patna High Court CR. MISC. No.72996 of 2023(3) dt.05-03-2024 3/3 Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Singhwara P.S. Case No. 130 of 2023, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) divyanshi/- U T