Mumtaz Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.5774 of 2015 Arising Out of PS.Case No. -62 Year- 2014 Thana -NIMCHAKBATHANI District- GAYA ======================================================
1. Mumtaz Khan Son of - Shamim Khan Resident of Village- Simraur, P.S.- Nimchak Bathani, District- Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate. For the Opposite Party/s : Mr. Pradeep N. Kumar (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 11-02-2015 Heard both sides.
The petitioner apprehends his arrest in Nimchak Bathani P.S. Case No. 62 of 2014, registered for the offences punishable under Section 307 and other Sections of the Indian Penal Code and Section 27 of the Arms Act.
Md. Ikram Hassan named the petitioner and alleged that all the accused persons came having armed with different weapons including firearms. The petitioner is alleged to have point out a rifle. The accused persons committed theft of different articles. It is submitted that there is counter version being Nimchak Bathani P.S. Case No. 63 of 2014. No specific allegation either of assault or theft is made against the petitioner. Considering the facts aforesaid and the fact that no
Patna High Court Cr.Misc. No.5774 of 2015 (2) dt.11-02-2015 2/2 specific allegation is made against the petitioner about assault and theft, he, in the event of his arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in connection with Nimchak Bathani P.S. Case No. 62 of 2014, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
(Prabhat Kumar Jha, J.) KKSINHA/- U T