Md. Sultan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53481 of 2018 Arising Out of PS. Case No.-6 Year-2016 Thana- KATIHAR MUFFASIL District- Katihar ====================================================== Md. Sultan S/o Tetra , Resident of Village - Hasanpur Bazar, P.S.- Hasanpur, District- Katihar.

... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Raghvendra Kumar Singh For the Opposite Party/s :

Smt. Veena Rani Prasadd.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 11-12-2018 Heard learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehends his arrest in connection with Katihar Muffasil P.S. Case no. 06 of 2016, registered under Section 341, 323, 504 of the Indian Penal Code and Section 25 (1-B), A/35 of the Arms Act.

The accusation is that on 22.01.2016 at about 10.00 A.M., son of informant, namely, Md. Nasir Ansari was assaulted by Md. Munna, Md. Sultan, Md. Irfan, Md. Budhana Ranjeet and this petitioner through fist and slap causing blood oozing injury at nose regarding that Md. Samim, elder son of informant Saira Banoo went there for making complaint then he was also assaulted through lathi and stick. Thereafter, another son, namely, Bholu, son of informant rushed for rescue

Patna High Court Cr.Misc. No.53481 of 2018(2) dt.11-12-2018 2/3 then he was also assaulted. Thereafter, on 24.01.2016 in the evening all the accused came at the door of informant and tried to cause assault to the informant and her daughter and son. In that course, this petitioner took out pistol from waist, but the elder son of the informant snatched the pistol and produced at the Police station.

Learned counsel for the petitioner submits that there is general allegation against the petitioner and other to cause assault to the informant and her sons hand of petitioner and producing the same to the Police Station. Further submission is that, in fact, due to grudge and enmity the petitioner has falsely been implicated in this case showing the recovery of pistol from him. The petitioner has no criminal antecedent.

Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Katihar in connection with Katihar (Muffasil) P.S. Case No. 06 of 2016, subject to the condition as laid down under Section 438

Patna High Court Cr.Misc. No.53481 of 2018(2) dt.11-12-2018 3/3

(2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T