Nazim v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24221 of 2017 Arising Out of PS.Case No. -907 Year- 2003 Thana -COMPLAINT CASE District- KISANGANJ ======================================================

1. Nazim, son of Late Farmuddin, resident of Village- Satal Nihal Bhag, at present Samsar, P.S.- Bahadurganj, District- Kishanganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Sajabuddin @ Sajauddin, son of Late Mabud Bux, resident of VillageSatal Nehal Bhag, P.S.- Bahadurganj, District- Kishanganj. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Sarangdhar Jha For the Opposite Party/s : Mr. Sri Amit Kumar Rakesh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 323, 504, 452 and 379 of the Indian Penal Code.

The petitioner has already been declared absconder in the case after cognizance.

Hence, anticipatory bail application is dismissed as not maintainable in connection with Complaint Case No. 907 of 2003 pending in the court of learned Chief Judicial Magistrate (P), Kishanganj/successor court.

However, in the event of surrender of the petitioner

Patna High Court Cr.Misc. No.24221 of 2017 (2) dt.06-07-2017 2/2 and prayer for regular bail, the court below shall dispose of the same considering the fact that other co-accused have already been acquitted, as submitted by learned counsel for the petitioner, and the parties have entered into the compromise. (Birendra Kumar, J) Kundan/- U T