Ale Nabi @ Md. Aale Nabi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14558 of 2023 Arising Out of PS. Case No.-110 Year-2020 Thana- KEWATI District- Darbhanga ====================================================== Ale Nabi @ Md. Aale Nabi Son of Habibula Rahaman @ Habibul Resident of Village - Doni Sarwara, P.S.- Keoti, District - Darbhanga. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prafull Chandra Thakur, Advocate For the Opposite Party/s :

Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 24-05-2023 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.

The accused/petitioner is named in the F.I.R. and apprehend his arrest in connection with Keoti P.S. Case No. 110 of 2020 registered for the offences punishable under Sections 341, 323, 324, 325, 504, 354-B, 427, 34 of the Indian Penal Code (in short 'I.P.C.').

The allegation against this petitioner is to assault informant and others alongwith other co-accused persons by means of using farsa and rod etc. causing bodily injuries where occurrence is arises out of neighbourhood disputes and differences.

Learned counsel appearing on behalf of the petitioner submitted that allegation as regard to assault is appearing very

Patna High Court CR. MISC. No.14558 of 2023(2) dt.24-05-2023 2/2 much general and omnibus against this petitioner, who is a man of clean antecedent. It is submitted that occurrence arises out of neighbourhood disputes, where F.I.R. of the present case was lodged with a delay of one month and twelve days without having any just explanation.

Learned APP for the State opposes the prayer of bail. Considering the aforesaid facts and circumstances and by taking note of nature of allegation as regard to assault which is appearing very much general and omnibus where F.I.R. is delayed by more than a moth without having any just explanation, accordingly, the above named petitioner, in the event of his arrest or surrender before the court below within a period of four weeks, is directed to be released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga/concerned Court, where the case is pending in connection with Keoti P.S. Case No. 110 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Chandra Shekhar Jha, J) pooja/- U T