Nushad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53959 of 2018 Arising Out of PS. Case No.-511 Year-2017 Thana- MOTIHARI MUFASIL District- East Champaran ====================================================== Nushad Alam, Son of Abdul Hai, Resident of Village- Hardia, Police StationChhauradano, District- East Champaran. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Anuj Kumar For the Opposite Party/s :

Mr. Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 01-11-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 420, 379, 342, 307, 120(B)/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioner assaulted the informant and took away Sorpio of the informant.

It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has falsely been implicated in the present case. A petition has been filed on behalf of the informant in the court below stating that the name of the petitioner has

Patna High Court Cr.Misc. No.53959 of 2018(3) dt.01-11-2018 2/2 come due to mistake of fact. There is no injury report to suggest that any offence under Section 307 of the I.P.C. is made out. Rest of the offences are triable by the Magistrate. On behalf of the State, it is submitted that the petitioner is named in the complaint case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., East Champaran at Motihari in connection with Muffasil (Lakhaura) P.S. case No.511 of 2017, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Narendra/- U T