Patna High CourtCR. APP (SJ)/824/2017allowed

Sultan Nadaf v. The State Of Bihar

2017-04-21Mr. Justice Aditya Kumar Trivedi2 pages

Patna High Court CR. APP (SJ) No.824 of 2017 (02) dt.21-04-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Appeal (SJ) No.824 of 2017 Arising Out of PS.Case No. -22 Year- 2016 Thana -SC/ST District- SITAMARHI ======================================================

1. Sultan Nadaf S/o Akhtar Nadaf R/o Village Ganguli, P.S.-Nanpur, District-Sitamarhi.

.... .... Appellant/s

Versus

1. The State of Bihar .... .... Respondent/s ====================================================== Appearance :

For the Appellant/s : Mr. Dinesh Jha -Advocate For the Respondent/s : Mr. Binay Krishna-S.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 21-04-2017 Heard learned counsel for the appellant as well as learned Special Public Prosecutor.

It has been alleged by the informant, Dinesh Paswan that all the accused persons, so named therein including the appellant armed variously, made house trespass on the alleged date and time of occurrence and further, coerced to compromise earlier case Sitamarhi (Pupri) S.C./S.T. P. S. Case No.11 of 2016, it was declined by the prosecution as a result of which, they all became infuriated, began to carry household articles and during protest, they fired. They also took away Gaurav Kumar, minor son of informant. It has also been incorporated that police was informed, who reached, got Gaurav Kumar released from custody of accused persons, failed to register a case.

Patna High Court CR. APP (SJ) No.824 of 2017 (02) dt.21-04-2017 Considering the nature of the allegation in consonance with the period of detention since 30.11.2016, appellant, Sultan Nadaf is directed to be released 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 Additional Sessions Judge-1st-cum-Special Judge, Sitamarhi in connection with Sitamarhi S.C./S.T. P. S. Case No.22 of 2016, after setting aside the order dated 04.01.2017 passed by the Additional Sessions Judge-1st-cum-Special Judge, Sitamarhi in Sitamarhi (S.C./S.T.) P. S. Case No.22 of 2016. Consequent thereupon, instant appeal is allowed. Vikash/- (Aditya Kumar Trivedi, J) U T