Md. Nizam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40988 of 2022 Arising Out of PS. Case No.-13 Year-2021 Thana- BHARGAMA District- Araria ====================================================== 1.

Md. Nizam Son Of Md. Kamo @ Kamruddin Resident Of Village- Chandi Dhasi Faridpur Tola, Ward No. 15 Ps- Bhargama, District- Araria 2.

Kayam Son Of Jamir Resident Of Village- Chandi Dhasi Faridpur Tola, Ward No. 15 Ps- Bhargama, District- Araria 3.

Sahid Son Of Late Allauddin Resident Of Village- Chandi Dhasi Faridpur Tola, Ward No. 15 Ps- Bhargama, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gopal Kumar Jha, Advocate For the Opposite Party/s :

Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 08-12-2022 Vide order dated 03.11.2022, the prayer for bail of petitioner no.2 has already been dismissed as withdrawn. Heard learned counsel for the petitioners and learned APP for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 147, 148, 149, 341, 323, 324, 307, 212, 224, 225, 186 and 353 of the Indian Penal Code and Section 27 of the Arms Act. Allegedly, it is a case of creating hindrance in discharging of the official duties and assaulted upon the police officials by the petitioners and other accused persons and they

Patna High Court CR. MISC. No.40988 of 2022(4) dt.08-12-2022 2/2 also assisted to accused Jamil @ Jangala in fleeing away when the police officials went to apprehend him.

It is submitted by learned counsel for the petitioners that the petitioners have falsely been implicated in this case. He further submits that there is general and omnibus allegation against the petitioners. Petitioners have clean antecedent. Learned APP appearing for the State has opposed the prayer for anticipatory bail.

Considering the aforesaid submissions, let the petitioners, namely, Md. Nizam and Sahid, in the event of their arrest or surrender before the court below within a period of four 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 Judicial Magistrate, Ist Class, Araria in connection with Bhargama P.S. Case No. 13 of 2021 (G.R. No.195 of 2021), subject to the conditions as laid down under Section 438(2) of the Cr.P.C. (Sunil Kumar Panwar, J) Brajesh Kumar/- U T