Nand Lal Mistry v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38166 of 2014 Arising Out of PS.Case No. -27 Year- 2013 Thana -HARIJAN PS. District- NALANDA (BIHARSHARIFF) ====================================================== Nand Lal Mistry, son of Ramchander Mistry, resident of village-Khanpura, P.S. Giriyak, District-Nalanda at Bihar Sharif. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr.

For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER ---------- 01-04-2015 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Nalanda P.S. Case No.27 of 2013 registered under Sections 341, 342, 323, 504 and 506/34 of the Indian Penal Code besides Sections 3(1) (X) of the S.C./S.T. Act.

The accusation is that the petitioner and one Shankar Kumar restrained the informant, Sanjay Paswan, Surpanch of Village Panchayat-Kutehcery Puraini, P.S. Giriyak, District-Nalanda on 31.03.2013 in the way when he was returning to his house from Giriyak Police Station and started to abuse him denoting his caste's name and also assaulted him through fists and slaps. The informant, anyhow, managed to escape from there. They also

Patna High Court Cr.Misc. No.38166 of 2014 (2) dt.01-04-2015 2/2 threatened the informant with dire consequences. Learned counsel appearing on behalf of the petitioner submits that it would appear from the F.I.R. that for the occurrence alleged to have taken place on 31.03.2013, the informant gave his written report on 11.07.2013 on the basis of which the present police case was lodged, which itself shows the false implication of the petitioner. It is further submitted that the similarly situated co-accused, Shankar Kumar, has already been granted anticipatory bail by a Coordinate Bench of this Court vide order dated 24.07.2014 passed in Criminal Misc. No.13556 of 2014.

Having considered the facts and the circumstances of the case, let the petitioner, in the event of his arrest or surrender by him within four weeks, be enlarged on bail on their furnishing bail bond of Rs.10,000/-(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the C.J.M., Nalanda at Biharsharif, in connection with SC/ST Nalanda P.S. Case No.27 of 2013, subject to the conditions laid down under Section 438(2) Cr.P.C.

(Rajendra Kumar Mishra, J) P.S./- U T