Alauddin Nutt v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6704 of 2016 Arising Out of PS.Case No. -498 Year- 2015 Thana -MINAPUR District- MUZAFFARPUR ======================================================

1. Alauddin Nutt Son of Tufani Nutt Resident of village - Hasudeo Chhapra Tole Gadhma, P.S. Minapur, District - Muzaffarpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hari Kishore Thakur, Advocate For the Opposite Party/s : Mr. Hirday Prasad Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 15-02-2016 Heard learned counsel for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 379, 411/34 of the Indian Penal Code.

The prosecution case is that the informant was sleeping at her maternal grand father house and on noise of the cattle he woke up and went to find that one of the Ox was missing. Subsequently, he saw the petitioner taking three Oxen in the night.

It is submitted by the learned counsel for the petitioner that only on suspicion the accusation has been levelled. The stolen Ox has been recovered from the possession of Chandan Kumar Rai, who disclosed the name of the petitioner. Statement has been made in para-3 of the petition that

Patna High Court Cr.Misc. No.6704 of 2016 (2) dt.15-02-2016 petitioner has no criminal antecedent.

The aforesaid facts constitute ground for consideration of prayer for regular bail of the petitioner, if the petitioner surrenders before the learned court below within a period of six weeks from today in connection with Minapur P.S. Case No. 498 of 2015, pending in the court of learned Chief Judicial Magistrate, Muzaffarpur.

With this observation this application is disposed of.

(Dinesh Kumar Singh, J) P.K./- U T