Islam Miyan @ Md. Islam Miyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27950 of 2015 Arising Out of PS.Case No. -30 Year- 2010 Thana -BELSAND District- SITAMARHI ======================================================

1. Islam Miyan @ Md. Islam Miyan S/o late Sahebjan resident of Village Olipur, s Belsand District Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Uday Kumar For the Opposite Party/s : Mr. Lallan Kumar(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 23-07-2015 Heard learned counsel for the petitioner and the State. The petitioner is apprehending his arrest in a case instituted under Sections 147, 148, 149 and 395 of the Indian Penal Code and Section 17 of C.L.A.Act.

The prosecution story, in brief, is that one Abulesh Akhtar s/o Md. Sadaquat Hussain working in the Nizam Enteprises,Bharat Gas Belsand has alleged that on 23.3.2010 at about 9 o' clock when he was calculating the amounts, which were received against the sale of Gas Cylinders during Saturday and Monday and after calculation he was filling challan for deposit the amounts in Bank, in the meantime more than 500600 people entered into the room with Arms, lathi etc. and asked about Ex. M.P. Md. Anwarool Haque and assaulted the informant and other staff and looted the amount of Rs. 1,72,000/- and also abusing and threatening about the murder of Ex. M.P.. The mob damaged 4 motor cycles, broken the phone and damaged the properties and fled away. It is further alleged that the occurrence of dacoity was preplanned.

Patna High Court Cr.Misc. No.27950 of 2015 (2) dt.23-07-2015 2/2 singh/- It has been submitted on behalf of the petitioner that the petitioner is not named in the FIR. It is further submitted that the petitioner has falsely been implicated in the present case by the co-accused, who has named the petitioner in course of the investigation. It is also submitted that other co-accused has been granted anticipatory bail vide Cr. Misc. No.20618 of 2015. It has been submitted on behalf of the State that the name of the petitioner has figured in course of investigation. Considering the aforesaid facts, let the above named petitioner, in the event of his arrest or surrender in the court below within a period of four weeks, 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 learned C.J.M., Sitamarhi, in connection with Belsand P.S.Case No. 30 of 2010, subject to the conditions as laid down u/s 438(2) Cr.P.C.

(Sudhir Singh, J) U T