Lallu Miya @ Nawaz Hussain v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36253 of 2023 Arising Out of PS. Case No.-16 Year-2023 Thana- CHEWARA District- Sheikhpura ====================================================== Lallu Miya @ Nawaz Hussain aged about 25 years, Male, Son Of Abid Hussain Resident of Mohalla - Girihinda Chowk, P.S. And Distt. - Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. N.A. Shamsi, Advocate :
Mr. Rashid Rais, Advocate :
Mr. Arjun Prasad, Advocate For the Opposite Party/s :
Ms. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 21-07-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner apprehends arrest in connection with Chewara P.S. Case No. 16 of 2023 dated 20.03.2023, instituted for the offence punishable under Sections 147, 148, 149, 341, 342, 323, 325, 307, 379, 386, 387, 504 and 120(B) of the Indian Penal Code.
3. The prosecution case, in short, is that on 14.03.2023 while the informant was returning to Sheikhpura with money on his motorcycle, then three unknown miscreants surrounded and attacked him which caused grievous injury. It is further alleged that they also snatched the money and left him
Patna High Court CR. MISC. No.36253 of 2023(2) dt.21-07-2023 2/3 unconscious.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is also submitted that F.I.R. has been lodged after lapse of 7 days without giving any explanation. It is further submitted that there is no specific allegation of assault against the petitioner. It is further submitted that the occurrence is said to have taken place in broad day light at 01:45 pm but not a single independent witness has come forward to support the case of prosecution. It is stated that the allegation of assault to the informant is concerned no injury report is made available on record. Lastly, it has been submitted that he has three criminal antecedents.
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner in connection with Chewara P.S. Case No. 16 of 2023, he will be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Sheikhpura, subject to
Patna High Court CR. MISC. No.36253 of 2023(2) dt.21-07-2023 3/3 condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Khatim Reza, J) annpurna/- U T