Md Nabab v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33782 of 2020 Arising Out of PS. Case No.-118 Year-2020 Thana- NOWKOTHI GARHPURA DistrictBegusarai ====================================================== 1.

MD NABAB S/O - Iltaf Mian Resident of Village- Ward No. -11, Rajakpur, P.S. - Naokothi, Distt. - Begusarai.

2.

Md. Samsair Son of Iltaf Mian Resident of Village- Ward No. -11, Rajakpur, P.S. - Naokothi, Distt. - Begusarai.

3.

Md Shaid @ Md Sahid S/O- Md Abbas Resident of Village- Ward No. -11, Rajakpur, P.S. - Naokothi, Distt. - Begusarai. 4.

Afroz @ Md Afroz S/O- Md. Shamser Resident of Village- Ward No. -11, Rajakpur, P.S. - Naokothi, Distt. - Begusarai. 5.

Samina Khatoon W/O- Md Shamser Resident of Village- Ward No. -11, Rajakpur, P.S. - Naokothi, Distt. - Begusarai. 6.

Md Haider @ Lalo S/O- Md Rizban Resident of Village- Ward No. -11, Rajakpur, P.S. - Naokothi, Distt. - Begusarai. 7.

Md Saider @ Md Akbar @ Akbar @ Sako S/o- Md Ruzban Resident of Village- Ward No. -11, Rajakpur, P.S. - Naokothi, Distt. - Begusarai. 8.

Hadisa Bgam @ Hadisa Begam W/O- Md Sahid Resident of Village- Ward No. -11, Rajakpur, P.S. - Naokothi, Distt. - Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Randhir Kumar No.1 For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 26-02-2021 Learned counsel for the petitioners is directed to remove the defects, 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

Patna High Court CR. MISC. No.33782 of 2020(2) dt.26-02-2021 2/3 registered under Sections 341, 342, 324, 379, 308, 504, 506/34 of the Indian Penal Code.

Prosecution allegation, in short, is that the on the issue of construction, the accused persons assaulted the victim due to which he sustained injury.

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. The petitioners have falsely been implicated in the present case. General and omnibus allegation has been made against the petitioners. No specific overt act is alleged against the petitioners. The nature of injury is said to simple, Hence no offence under section 308 IPC is made out.

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 Chief Judicial Magistrate, Begusarai in connection with Naokothi P.S. Case

Patna High Court CR. MISC. No.33782 of 2020(2) dt.26-02-2021 3/3 No. 118/2020, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. (Sudhir Singh, J) Pankaj/- U T