Sheikh Karmullah And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.13420 of 2018 Arising Out of PS.Case No. -711 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Sheikh Karmullah,
2. Sheikh Ajmullah.
3. Sheikh Nooruddin Sl. 1 to 3 sons of Late Sheikh Kadir.
4. Sheikh Shethi @ Sheikh Sheth son of Azmullah,
5. Sheikh Mainullah, Son of Late Safi Ahmad,
6. Darvesh Alam @ Bacha @ Sheikh Sajid.
7. Sheikh Bhola @ Parwej Alam, Sl. 6&7 sons of Karmullah, All residents of Village- Chailaha, P.S.- Banjaria, District- East Champaran. .... .... Petitioners
Versus
The State of Bihar.
.... .... Opposite Party ====================================================== Appearance :
For the Petitioner/s : Mr. Jitendra Kumar For the Opposite Party/s : Mr. Ajay Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 06-04-2018 Heard learned counsel for the petitioners.
Petitioners apprehend their arrest in connection with Turkaulia (Banjaria) P.S.Case No. 711 of 2017 registered for the offences punishable under Sections 147, 149, 341, 323, 324, 506, 307, 448 and 379 of the Indian Penal Code.
Allegation against the petitioners is of assault to the informant and his son, causing injuries to them. Submission of learned counsel for the petitioners is that there is case and counter case between the parties and all the injuries are simple in nature except one injury on son of the
Patna High Court Cr.Misc. No.13420 of 2018 (2) dt.06-04-2018 2/3 informant Subhan, which is attributed to petitioner No.3. It has also been submitted that there is land dispute between the parties as the informant has greedy eyes on the land situated in front of his darwaja and they have opened a drain which caused the crops damaged.
Heard learned APP and learned counsel for informant. They have opposed the prayer for anticipatory bail on the ground that petitioner No.1 is life convict of a case and further opinion of injury was kept reserved with respect to Subhan. Having heard both sides and in the facts and circumstances, let the petitioners Nos. 2, 4, 5, 6 and 7, above named, 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, East Champaran, Motihari, in connection with Turkaulia (Banjaria) P.S.Case No. 711 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further condition that one of the bailors shall be a local person having sufficient immoveable properties within the jurisdiction of court concerned. So far petitioners Nos. 1 and 3 are concerned, they are directed to surrender and make prayer for regular bail, which shall
Patna High Court Cr.Misc. No.13420 of 2018 (2) dt.06-04-2018 3/3 be considered on its own merit, without being prejudiced by this order.
With the above observation, this application is disposed of.
(Vinod Kumar Sinha, J) spal/- U