Niyamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36521 of 2016 Arising Out of PS.Case No. -22 Year- 2014 Thana -BAHADURGANJ District- KISANGANJ ====================================================== Niyamat, Son of Md. Nazmul Hussain, Resident of village - Ghuski Tola, P.S. Baisi, District - Purnea .... .... Petitioner

Versus

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

For the Petitioner : Mr. Amit Kumar Anand, Advocate.

For the Opposite Party : Mr. Ajay Kumar Jha, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 28-11-2016 Heard both sides.

The petitioner apprehends his arrest in Bahadurganj P.S. Case No. 22 of 2014 registered for the offences punishable under Sections 395 and 397 of the Indian Penal Code. The petitioner is not named in the FIR but during course of investigation it has come that on the looted mobile a SIM was used and the SIM was issued in the name of Neyamat, son of Sarif. The petitioner was using the SIM in the looted mobile. Learned counsel for the petitioner submits that the petitioner is Niyamat, son of Md. Nazmul Hussain. The house of the petitioner was searched from where some ornaments were recovered but the ornaments were put on test identification parade and the informant did not identify the ornaments but from perusal of paragraph-87 of the case diary, it appears that police found that

Patna High Court Cr.Misc. No.36521 of 2016 (7) dt.28-11-2016 2/2 Neyamat, son of Sarif was residing in Delhi and it was the petitioner who was using the SIM issued in the name of Neyamat, son of Sarif in the looted mobile.

Considering the facts aforesaid, I am not inclined to enlarge the petitioner above named on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J.) KKSINHA/- U T