Nurain Alam @ Nurain Mansuri Vs the State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3733 of 2024

Arising Out of PS. Case No.-59 Year-2023 Thana- MADHUBAN District- East Champaran

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Nurain Alam @ Nurain Mansuri Son Of Samim Mian @ Md. Shamim @ Mohammad Shamim Resident Of Village - Dulma, P.S. - Madhuban, District - East Champaran.

... ... Petitioner/s

Versus

The State Of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Mr. Asha Kumari, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER

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2 07-02-2024

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Heard learned counsel for the petitioner and learned

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A.P.P. for the State.

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In the present case, the petitioner is apprehending his arrest in connection with Madhuban P.S. Case No. 59 of 2023, registered on for the alleged offence under Section 394 of the Indian Penal Code.

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As per prosecution case, the informant was surrounded by four miscreants and was robbed of a mobile phone, a gold chain, Rs. 25,000/- in cash and some documents. The informant identified co-accused Golu Kumar Patel who in turn took names of the petitioner and other co-accused persons asking them to flee away from the spot. Next day, when the petitioners and other co-accused persons assembled in a Litchi orchard, two co-accused persons were apprehended by the

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Patna High Court CR. MISC. No.3733 of 2024(2) dt.07-02-2024 2/3

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villagers and the petitioner and co-accused Princel Kumar Yadav fled away from the spot.

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Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. No occurrence as alleged has ever taken place. The petitioner was not apprehended from the spot and nothing incriminating has been recovered form his possession. The story of the informant is not believable. The petitioner and the informant known each other and probably this case was lodged due to political rivalry in Mukhiya election. Under duress, the confessional statement of co-accused, Golu Kumar @ Golu Sharma has been recorded against this petitioner. Now the disputes are amicably settled and good sense has now prevailed between the parties. Learned counsel further submits that coaccused, namely, Prince Kumar Yadav @ Prince Rai has been granted anticipatory bail by a Co-ordinate Bench vide order dated 14.09.2023 passed in Criminal Misc. No. 56033 of 2023.

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Learned A.P.P. for the State opposes the prayer for anticipatory bail.

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Having regard to the facts and circumstances and submission made on behalf of the parties and considering the vague nature of allegation against the petitioner without

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Patna High Court CR. MISC. No.3733 of 2024(2) dt.07-02-2024 3/3

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mentioning any specific over act and further considerng the background of political rivalry and also considering the possibility of false implication and grant of anticiaptory bail to the similary placed co-accusd person, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 10,000/(Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate1st Class, Motihar, East Champaran/concerned court in connection with Madhuban P.S. Case No. 59 of 2023, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions:

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(i) One of the bailors will be a close relative of the petitioner.

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(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

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(Arun Kumar Jha, J)

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Ashish/-

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U T

Nurain Alam @ Nurain Mansuri v. the State of Bihar

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Nurain Alam @ Nurain Mansuri v. the State of Bihar

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