Nasir Ali @ Nasir Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12030 of 2022 Arising Out of PS. Case No.-278 Year-2021 Thana- HUSSAINGANJ District- Siwan ====================================================== NASIR ALI @ NASIR HUSSAIN S/o Abdul Rasid R/o Village - Sidhaul, P.S.- Hussainganj, District - Siwan.

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Gajendra Kumar Singh, Advocate For the Opposite Party/s :

Ms.Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 12-09-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 147, 148, 341, 323, 324, 307, 379, 504 and 506 of the Indian Penal Code. The informant alleges that on 04.11.2021 at about 4:00 pm, seven accused persons, including the petitioner, came variously armed and surrounded him at the pond near his house on account of previous dispute, further alleges that the petitioner assaulted the informant with sword causing injury on his head and thereafter assaulted with lathi on his leg and took Rs. 2,500/- from the pocket of the informant and all the accused pelted stone on the house of the informant.

Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.12030 of 2022(2) dt.12-09-2022 2/2 petitioner is a person with clean antecedent and has been falsely implicated in the present case, it is next submitted that the parties are agnates and there is land dispute between them as has been specifically pleaded at paragraph '6' of the anticipatory bail application, it is further submitted that the injury of the informant is simple in nature as is evident from Annexure-3 to the anticipatory bail application.

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

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Hussainganj P.S. Case No. 278 of 2021 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

(Satyavrat Verma, J) Rishi/- U T