Md. Naseem @ Shekh Naseem @ Sheikh Naseem @ Md. Nasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20644 of 2024 Arising Out of PS. Case No.-300 Year-2023 Thana- KHODAWANDPUR District- Begusarai ====================================================== Md. Naseem @ Shekh Naseem @ Sheikh Naseem @ Md. Nasim Son of Shekh Samsul @ Sheikh Shamshul Resident of Village- Parora, Ward No.-05, P.S.- Khodawandpur (Chhaurahi O.P.), Dist.- Begusarai. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s :

Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 04-04-2024 Heard Mr. Sandip Kumar Gautam, learned counsel appearing on behalf of the petitioner and Mr. Surendra Kumar, learned APP appearing on behalf of the State.

2. The petitioner apprehends his arrest in connection with Khodawanpur (Chhaurahi) P.S. Case No. 300 of 2023 registered under Sections 341, 323, 307, 379, 504, 34 of the Indian Penal Code.

3. As per the allegation made in the FIR, altogether three named accused persons entered into the house of the informant with an intention to kill the informant.

4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent and he has falsely

Patna High Court CR. MISC. No.20644 of 2024(2) dt.04-04-2024 2/3 been implicated in the present case. Learned counsel further submitted that specific allegation against the petitioner is that he has assaulted on the nose of the informant with iron rod. The injury is simple in nature. The petitioner has no criminal antecedent.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the rival submission made on behalf of the parties, as well as, the fact that nature of injury is simple in nature, I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.

7. The District Court is directed to release the petitioner on anticipatory bail, in the event of his/her arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Sub-Divisional Judicial Magistrate, Manjhaul, Begusarai in connection with Khodawanpur (Chhaurahi) P.S. Case No. 300 of 2023, subject to the condition as laid down under Section 438(2) of the Cr.P.C.

8. The District Court is directed to verify the criminal antecedent of the petitioner(s), as stated in paragraph no. 3 of the bail application. If any other case is pending against the

Patna High Court CR. MISC. No.20644 of 2024(2) dt.04-04-2024 3/3 petitioner(s), as what has been stated in paragraph no. 3, this order will lose its force automatically.

(Purnendu Singh, J.) Ashishsingh/- U T