Sultan Mian v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47956 of 2015 Arising Out of PS.Case No. -127 Year- 2014 Thana -NARDIGANJ District- NAWADA ======================================================

1. Sultan Mian Son of Khurshid Mian, Resident of Nardiganj Nat Tola,P.S. - Nardiganj, District - Nawada.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pramod Kumar Verma For the Opposite Party/s : Mr. M.Rab (App) ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 15-10-2015 Heard learned counsel for the petitioner Mr. Satya Prakash Prasar along with Mr. P.K. Verma and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Nardiganj P.S. Case No. 127 of 2014 for offences alleged under sections 341, 323, 448, 380/34 of the Indian Penal Code.

The prosecution case in short is that the informant has given a written report before the concerned police station alleging therein that on 18.08.2014 at about 1.00 A.M. in the night the petitioner Sultan Mian, Naresh Rajbanshi and one unknown entered into the house of informant. It is further alleged that Naresh Rajbanshi was taking out his attaché box and when the informant caught the attaché Sultan Mian assaulted the informant with lathi on his head and when the informant became unconscious they fled away carrying attaché containing payal, chain etc. and cash Rs. 5000/- It has been submitted by the learned counsel for the

Patna High Court Cr.Misc. No.47956 of 2015 (2) dt.15-10-2015 2/2 petitioner that he is innocent and has committed no offence and the present is counter case to one lodged by one Naresh Rajbanshi who is one of the coaccused in this case , against the informant counter case being Nardiganj P.S. Case No. case No. 102 of 2014 under section 498(A). On the basis of the said counter case the present case has been lodged against the petitioner and the allegations levelled are false. It has further been submitted that the allegations are general and omnibus.

Be that as it may, let the above named petitioner in the event of their arrest or surrender before the court below within a period of six weeks from today be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of Shri Kanhaiya Lal Yadav, J.M. Ist Class, Nawada in Nardiganj P.S. Case No. 127 of 2014, subject to the conditions laid down under section 438(2) Cr.P.C.

(Nilu Agrawal, J) M.Rahman/- U T