Md. Nehal @ Nehal Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16551 of 2020 Arising Out of PS. Case No.-483 Year-2019 Thana- KORHA District- Katihar ====================================================== MD. NEHAL @ NEHAL KHAN Son of Late Md. Mokim Resident of Mohallah- Laliyahi, P.S.- Sahayak, District- Katihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Vidyanshu Sumit, Advocate Mr.Bimal Kumar For the Opposite Party/s :

Mr.Manoj Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 02-06-2020 Heard the learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Korha P. S. Case No. 483 of 2019 dated 25.11.2019 instituted for the offences under Sections 384, 386 and 34 of the Indian Penal Code.

The petitioner is stated to be in custody since 26.11.2019.

The informant of this case has alleged that he was divested of his personal belongings in the shape of cash and mobile telephone by miscreants. The informant

Patna High Court CR. MISC. No.16551 of 2020(2) dt.02-06-2020 2/3 at the relevant time was taking fish for sale to Katihar when his vehicle was over-taken by another vehicle in which miscreants were sitting. Four packets of fish also was taken away. Later, one person was found selling fish in Katihar market and from the packets of the fish, the informant identified that those were the looted packets. The person trying to sell the fish was arrested, who disclosed the name as that of the petitioner. It has been submitted on behalf of the petitioner that he has been arrested on mistaken identity. He has not participated in the occurrence and had obtained fish for selling it in the market from wholesale dealers of the fish market.

The informant has also not identified that the petitioner was one of the miscreants who had waylaid the vehicle of the informant.

Considering the nature of accusation and the period of custody, the petitioner, above-named, is directed to be released on bail on his furnishing bail

Patna High Court CR. MISC. No.16551 of 2020(2) dt.02-06-2020 3/3 bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Katihar in connection with Korha P. S. Case No. 483 of 2019. (Ashutosh Kumar, J) skm/- U