Nausad Akhtar @ Nausad Aktar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54330 of 2017 Arising Out of PS.Case No. -153 Year- 2017 Thana -CHOUTARWA DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. Nausad Akhtar @ Nausad Aktar, Son of Late Jahir Rahman, resident of Village- Bhulahwa Dih, P.S.- Chautarwa, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vijay Kr Singh No. 1 For the Opposite Party/s : Mr. Sri Atul Chandra For the informant : Mr. Arvind Kumar Singh Mr. Munnavar Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-11-2017 The petitioner seeks regular bail in connection with Chautarwa P.S. Case No. 153 of 2017, registered for offences punishable under Sections 302, 201 and 34 of Indian Penal Code. Petitioner is not named in the F.I.R and the case is under Section 302 Indian Penal Code and later on he has been named in this case on confession.
It has been submitted on behalf of the petitioner that he has falsely been implicated in this case and in fact the motorcycle of the son of petitioner hit the son of informant due to which he sustained injury and petitioner and his son brought him to his house and treated her but later on he died and at best it can be a case of Section 201 of the Indian Penal Code. Further petitioner
Patna High Court Cr.Misc. No.54330 of 2017 (2) dt.15-11-2017 2/2 has been in custody for last months.
Learned counsel for the State as well as learned counsel for the informant opposed the prayer for bail. Having heard both sides, considering the fact and circumstances of the case this application is disposed of with direction to the court below that once charge-sheet is submitted, he will verify the allegations from cased diary and if there is no allegation except what is stated by learned counsel for the petitioner, he shall release the petitioner on bail to his own satisfaction, otherwise he is free to pass any order as he deems fit and proper (Vinod Kumar Sinha, J) sunil/- U T