Md. Nabi Alam @ Chand @ Md. Nabi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.62974 of 2018 Arising Out of PS. Case No.-183 Year-2018 Thana- BARAUNI District- Begusarai ====================================================== Md. Nabi Alam @ Chand @ Md. Nabi Son of Md. Mustaq, resident of village Sigdaha, Maulana Bag, P.S. Baruni, District Begusarai. ... ... Petitioner.
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ram Sumiran Rai For the Opposite Party/s :
Mr. Sri Satya Nand Shukla ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 14-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
The petitioner apprehends his arrest in connection with Barauni P.S. Case no. 183 of 2018 registered under Sections 341, 323, 379 & 504/34 of the Indian Penal Code. The petitioner along with ten other accused persons intruded into the house of the informant, assaulted the informant and other family members inflicting head injury to the informant and also committed theft of ornaments etc. Learned counsel for the petitioner submitted that no such occurrence as alleged ever took place. The petitioner is quite innocent and has been falsely implicated in this case. The allegation levelled against the petitioner is not specific rather general and omnibus in nature. The injury sustained is simple
Patna High Court Cr.Misc. No.62974 of 2018(2) dt.14-12-2018 2/2 in nature caused by hard and blunt substance. As a matter of fact, the petitioner has lodged a case vide Barauni P.S. Case No.182 of 2018 against the informant and others preceding to the aforesaid occurrence and in order to save his skin from the aforesaid case, the informant has filed this false and frivolous case against the petitioner.
Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 183 of 2018, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Prakash Chandra Jaiswal, J) Trivedi/- U T