Nilesh Patel v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49208 of 2015 Arising Out of PS.Case No. -466 Year- 2015 Thana -BHABHUA District- BHABHUA (KAIMUR) ====================================================== Nilesh Patel, son of Vijay Singh, resident of village - Sikathi, P.S. Bhabua, District - Kaimur ( Bhabua ) .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Viveka Nand Singh, Advocate For the Opposite Party/s : Mr. Sadanand Paswan (Spl.Pp) ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 08-02-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending his arrest in connection Bhabua P.S. Case No. 466 of 2015 for the offences punishable under Sections 448, 341, 323, 504, 379/34 of the Indian Panel Code and Sections 3(i) (x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

As per prosecution case, on the alleged date of occurrence i.e. 23.08.2015 at about 7.00 P.M. in the evening including the petitioner the accused persons all of a sudden came to the shop of the informant and took away mobile, laptop and cash of Rs. 30,000/- on the point of pistol.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is nothing in the

Patna High Court Cr.Misc. No.49208 of 2015 (3) dt.08-02-2016 2/2 FIR to show that the provisions of SC/ST Act is attracted in any manner. The petitioner has been implicated in the present case due to village politics. It has further been submitted that petitioner is ready to deposit an amount of Rs. 12,000/- in the court below which shall be subject to the final disposal of the case. On behalf of the State, it has been submitted that petitioner is named in the F.I.R.

Considering the aforesaid facts and circumstances, it is directed that petitioner shall deposit an amount of Rs. 12,000/- in the court below which shall be subject to final disposal of the case. Let the petitioner above named, be released on bail in the event of his arrest or surrender before the learned court below within a period of six weeks from today in connection with Bhabhua P.S. Case No. 466 of 2015 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, Kaimur at Bhabhua, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J.) ajaypd./- U T