Nasim @ Md. Naism Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34175 of 2020 Arising Out of PS. Case No.-194 Year-2020 Thana- BARHARIA District- Siwan ====================================================== 1.

NASIM @ MD. NAISM ALAM S/o Afsar Alam Resident of Village-Chain Chhapra, P.S-Barharia, District-Siwan.

2.

Abu Bashar @ Abul Bashar S/o Afsar Alam Resident of Village-Chain Chhapra, P.S-Barharia, District-Siwan.

3.

Afsar Alam S/o Late Mujahid Mian Resident of Village-Chain Chhapra, P.SBarharia, District-Siwan. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanat Kumar Mishra, Advocate For the Opposite Party/s :

Mr.Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 04-03-2021 Counsel for the petitioners is directed to remove the defect(s), as pointed out by the office, within a period of four weeks. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered under Sections 341, 342, 323, 324, 307, 379, 504/34 of the Indian Penal Code.

Allegation is that the accused persons including the petitioners assaulted the informant by means of knife, rod, khatni, lathi, as a result of which he sustained injury and they also took out Rs.80,000/- cash, gold ornaments from the house and fled away. It has been submitted on behalf of the petitioners that the

Patna High Court CR. MISC. No.34175 of 2020(2) dt.04-03-2021 2/2 petitioners have got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioners. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made. No specific overt act is alleged against the petitioners. The alleged occurrence is said to have taken place due to petty reason.

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) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate I, Siwan in connection with Barharia P.S. case No.194 of 2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) Narendra/- U T