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Patna High CourtCR. MISC./32961/2016bail granted

Nashim Alam @ Nashimuddin Ahmad And ORS v. The State Of Bihar

2016-12-09Mr. Justice Sudhir Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32961 of 2016 Arising Out of PS.Case No. -300 Year- 2016 Thana -DIHRINAGAR District- SASARAM (ROHTAS) ======================================================

1. Nashim Alam @ Nashimuddin Ahmad, son of Late Abdul Rahman

2. Budhani @ Joharq Khatun, Wife of Nashim Alam @ Nashimuddin Ahmad.

3. Betab Alam @ Betab Ahmad,

4. Mantu @ Javed Ahmad

5. Pintu @ Sadeb Ahmad All sons of Nashim Alam @ Nashimuddin Ahmad.

6. Rajiya Khatoon, D/o Nashim Alam @ Nashimuddin Ahmad

7. Md. Sakib @ Sakib Hussain, Son of Mantu @ Javed Ahmad. All Resident of Mohalla- Jakkibigha, P.S.- Dehri (T), District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramchandra Singh For the Opposite Party/s : Mr. Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 09-12-2016 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in connection with Dehri (T) P.S. Case No. 300 of 2016 instituted for the offences punishable under Sections 341, 323, 448, 504, 307, 379/34 of the Indian Penal Code.

The prosecution case, in brief, is that the accused persons including the petitioners abused and assaulted the informant by brick-bit and stone. When the family members of

Patna High Court Cr.Misc. No.32961 of 2016 (2) dt.09-12-2016 2/2 the informant came to rescue, they also assaulted them and snatched some belongings.

It has been submitted on behalf of the petitioners that the petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. It is a case and counter case between the parties. The injury is said to be simple in nature, which is evident from Annexure-3 to the present application.

On behalf of the State, it is submitted that the petitioners are named in the F.I.R.

Considering the aforesaid facts and circumstances, let the petitioners, above named, in the event of arrest/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/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned S.D.J.M. Dehri Rohtas in connection with Dehri (T) P.S. Case No. 300 of 2016 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) rohit/- U T