Athar Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51234 of 2016 Arising Out of PS.Case No. -92 Year- 2016 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Athar Hussain Son of Late Sheikh Samshad Haque @ Samshul Haque Resident of Village-Telpur, Police Station-Lauriya, District-West Chanmparan .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Zeyaul Hoda For the Opposite Party/s : Mr. Sri Damodar Prasad Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 02-12-2016 Heard learned counsel for the petitioner, informant and the State.

The petitioner is apprehending his arrest in a case instituted under Sections 147, 148, 149, 323, 324, 337, 338, 379, 447 and 506 of the Indian Penal Code and 27 of the Arms Act. Allegation against petitioner is that he along with other accused persons robbed off clothes amounting to Rs.40,000/- and other articles from informant.

It is submitted on behalf of the petitioner that they have got no criminal antecedent. No allegation of tampering of witnesses is alleged against petitioner. A day prior to institution of the present case, a case was instituted by the accused side on the informant and others. The present case is instituted in retaliation to Annexure-3 to the present case. The injury is said to be simple in nature.

On behalf of the State and the informant, it is submitted that petitioner is named in the F.I.R.

Patna High Court Cr.Misc. No.51234 of 2016 (2) dt.02-12-2016 2/2 Considering the aforesaid facts and circumstances, let the above named petitioner, in the event of his/her arrest or surrender in the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand only) with two sureties of the like amount each to the satisfaction of learned Addl. Chief Judicial Magistrate, Bettiah, West Champaran , in connection with Lauriya P.S. Case no. 92 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) sudip/- U T