Md. Naushad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.33036 of 2015 Arising Out of PS.Case No. -106 Year- 2013 Thana -SIKANDARA District- JAMUI ====================================================== Md. Naushad, Son of Md. Julfikar Mian, R/o Village -Markama, P.S - Sikandra, Distt- Jamui .... .... Petitioner/s

Versus

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

For the Petitioner : Mr. Yogesh Chandra Verma, Sr. Advocate Mr. Prakash Mahto, Advocate For the S t a t e : Mr. Nand Kishore Pd.(APP) For the Informant : Mr. Sajid Salim Khan, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 21-08-2015 Heard learned counsel for the petitioner and the learned counsel for the informant as well as the learned counsel for the State.

The petitioner is apprehending his arrest in connection with Sikandra P.S. Case No.106 of 2013 for allegedly having committed the offence under Sections 147, 148, 149, 324, 307, 452, 460 and 109 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner submits that the informant in her statement has not named this petitioner as one who fired upon her. Learned counsel for the informant, however, submits that later on in her re-statement, the informant

Patna High Court Cr.Misc. No.33036 of 2015 (2) dt.21-08-2015 2/2 has stated that the petitioner had also fired from his gun which hit on her hand. It is further submitted that later on this petitioner has been threatening the witnesses. However, after perusal of Annexure B to the counter affidavit filed today, I do not find that the petitioner has been specifically named as one who is threatening the witnesses. Considering the nature of the allegations made against the petitioner and that the petitioner has no criminal antecedents and particularly that he has no role to play as is evident from the F.I.R.

, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of three weeks from the date of receipt/production of a copy of this order, 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 Sri A.K. Singh, learned Judicial Magistrate, 1st Class, Jamui, in connection with Sikandra P.S. Case No.106 of 2013, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjana Mishra, J) PNM U T