Patna High CourtCR. MISC./11545/2015bail granted

Mahtab Chudihar @ Mahtab Alam v. The State Of Bihar

2015-03-20Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11545 of 2015 Arising Out of PS.Case No. -165 Year- 2013 Thana -SATHI DistrictWESTCHAMPARAN(BETTIAH) ======================================================

1. Mahtab Chudihar @ Mahtab Alam son of Ejihar @ Ezhar Chudihar, resident of village- Belwan, P.S.- Sathi, District- West Champaran, Bettiah .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Ambika Bhagat (Spl.App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 20-03-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 147,148,149,341,323,324,325,307,354,380,448,427 and 504 of the Indian Penal Code, sections 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and section 27 of the Arms Act.

It is alleged that the FIR named accused persons came variously armed when co accused Alamgir abused by calling the caste name to the informant and asked the accused persons to rob the articles. The accusation of assault has been levelled against Alamgir, Jahangir, Idrish Sheikh, Ahmad Sheikh and Khurshid

Patna High Court Cr.Misc. No.11545 of 2015 (2) dt.20-03-2015 2/2 Sheikh. It is alleged against the petitioner and others that they robbed the articles from the house of the informant. It is submitted by the learned counsel for the petitioner that from the accusations levelled, no offence under sections 307,324,325 and 354 IPC is made out against the petitioner and title suit is pending between the parties from before. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve 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 learned CJM, West Champaran, Bettiah in connection with Sathi P.S. Case No.165 of 2013 subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Dinesh Kumar Singh, J) Anil/- U T