Md. Nasrul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4859 of 2020 Arising Out of PS. Case No.-471 Year-2019 Thana- BEGUSARAI MUFFASIL DistrictBegusarai ====================================================== MD. NASRUL Son of Md. Javed @ Ziyauddin R/o Village - Bagwara, Ward No. 07, P.S. - Muffasil (Singhoul), District - Begusarai. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jai Prakash Singh For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 02-03-2020 Heard learned counsels for the parties.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 341,323,379,504, 506 and 307/34 of the IPC.

The prosecution case as per the written report of Md. Kayum submitted to the SHO, Singhaul Police Station is to the effect that on 9.7.2019 at 9.30 A.M., all the three accused persons including the petitioner came to the door of the informant and tried to steal away the she-goat of the informant. On protest being made, the petitioner assaulted

Patna High Court CR. MISC. No.4859 of 2020(2) dt.02-03-2020 2/3 with iron rod on the head of the nephew of the informant namely Md. Javed. When the informant came to rescue, he was also assaulted by co-accused Md. Yusuf on his head and Rupees Two Thousand was snatched by co-accused Md. Rafiq.

It is submitted by learned counsel for the petitioner that the injury has been found superficial simple in nature. There is counter version of the occurrence being Mufassil (Singhoul) P.S. Case No. 472 of 2019. Statement has been made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent.

Learned APP submits that the petitioner is named in the FIR.

Considering the fact that there is no accusation of repeating the blow and statement made in paragraph 3 of the petition that the petitioner is not having any criminal antecedent, let the petitioner above named be released on anticipatory bail in the event of arrest or surrender within 12 weeks on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Begusarai in connection with Begusarai Mufassil (Singhoul) P.S. Case No.471 of

Patna High Court CR. MISC. No.4859 of 2020(2) dt.02-03-2020 3/3 2019 subject to the conditions laid down in Section 438(2) of the Cr.P.C.

(Dinesh Kumar Singh, J) anil/- U