Sahil Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79750 of 2018 Arising Out of PS. Case No.-216 Year-2017 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Sahil Khan, Son of Tutu Khan, Resident of Village- Mathiya Zirat, Police Station- Chhatauni, District- East Champaran ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Dilip Kumar Tondon For the Opposite Party/s :

Mr.Sri Awadhesh Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 02-05-2019 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Motihari Town P.S. Case No. 216 of 2017, registered under Sections 147, 148, 149, 341, 323, 324, 307, 379 and 386 of the Indian Penal Code.

The accusation is that on 02.04.2017 at about 8.30 P.M. informant, Imaran Khan, was present at the grocery shop of his maternal uncle, situated at Library Road, Motihari. At that time, Sahil Khan (petitioner), Litil, brother-in-law Rinku and 67 persons entered in the grocery shop having knife and blade in their hand and made demand of Rs.2,00,000/- as ransom and started to abuse. When informant made protest then Sahil Khan

Patna High Court CR. MISC. No.79750 of 2018(3) dt.02-05-2019 2/2 (petitioner), Litil and brother-in-law Rinku caused injury at his head with intention to kill him. On raising alarm, all caused assault to the informant through fist and slaps. At that time, they took cash of Rs.50,000-60,000/- from the cash box of the shop. Learned counsel for the petitioner submits that, in fact, shop of the petitioner is situated in front of shop of maternal uncle of informant and due to business rivalry, the present case has been lodged with false allegation. Moreover, one injury, as found on the head of the informant, is simple in nature and petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Motihari at East Champaran, in connection with Motihari Town P.S. Case No. 216 of 2017, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) Bhardwaj/- U T