Md. Naim @ Naim @ Md. Nayeem v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.34288 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- MANIHARI District- Katihar ====================================================== Md. Naim @ Naim @ Md. Nayeem S/O Md. Shakur @ Sakko Sabji Faros Resident of village- Balu tola, Nawabganj, P.S.- Manihari, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Md Musowir, Adv.

For the Opposite Party/s :

Mr.Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 02-06-2025 Heard Learned Counsel for the petitioner and Learned A.P.P. for the State.

2. The present Criminal Miscellaneous application has been filed under Sections 483 and 484 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "the BNSS") for seeking regular bail in connection with Manihari P.S. Case No.02 of 2025 lodged on 04.01.2025 under Sections 115(2), 126(2), 109, 352, 351(2),3 (5) of the Bharatiya Nyaya Sanhita, 2023 read with Section 27 of the Arms Act.

3. As per the prosecution, the F.I.R. has been lodged against four named accused persons including the petitioner with allegation that all accused persons reached at the informant and started putting pressure on the informant to sit on his motorcycle and when he was not ready then the petitioner and one another accused, namely, Jagga has caught them and other co-accused, namely, Sheru has fired on him by pistol due to

Patna High Court CR. MISC. No.34288 of 2025(2) dt.02-06-2025 2/2 which he received injury in his left leg. Upon cry, local persons have reached there then subsequently fled away.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. He submits that the specific allegation is against co-accused, namely, Sheru to fire on him and there is no specific allegation against the petitioner.

5. Learned Counsel further submits that petitioner is in custody since 05.01.2025 having no criminal antecedent. He further submits that the petitioner is a student of graduation and he has annexed his admit card.

6. Learned counsel for the State opposes the prayer for bail and submits that the petitioner along with other accused persons have assaulted the informant in group. The only allegation against the petitioner is that he has caught the informant and other accused persons have fired on him.

7. In the present facts and circumstances of this case and the submissions made above, this Court is not inclined to grant bail to the petitioner. Therefore, the bail application of the petitioner is hereby rejected.

(Dr. Anshuman, J.) Prakashmani/- U T