Md. Nasir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44526 of 2024 Arising Out of PS. Case No.-374 Year-2023 Thana- BARSOI District- Katihar ====================================================== 1.

Md. Nasir S/o Manauwar Alam R/o Village-Kalianagar Gwal Toli, P.S.- Barsoi, District-katihar 2.

Gono Khatoon @ Marjuna Khatoon W/o Manauwar Alam R/o Kalianagar Gwal Toli, P.S.-Barsoi, District-Katihar 3.

Md. Saibu @ Md. Sahibu S/o Late Abdul Humad R/o Village-Kalianagar Gwal Toli, P.S.-Barsoi, District-Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh, Advocate.

For the Opposite Party/s :

Dr. Ajeet Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 24-07-2024 Heard Mr. Sanjeev Kumar Singh, learned counsel appearing on behalf of the petitioners and Dr. Ajeet Kumar, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Barsoi P.S. Case No. 374 of 2023 registered for the offence punishable under Sections 447, 341, 323, 324, 325, 354(B), 379, 307 and 504/34 of the Indian Penal Code.

3. Allegation against the petitioners is of assaulting the informant and his family members and also snatching cash of Rs. 25000/- from the informant.

Patna High Court CR. MISC. No.44526 of 2024(2) dt.24-07-2024 2/3

4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and they have committed no offence as alleged. There is case and counter case arising out of the said incidence. Both the parties are close relatives and due to previous enmity, they entered into fierce fight and as a result of that, the petitioners side might have caused some injury to the informant's side which was in their self defence and was not intentional and the injuries sustained by the victims are simple in nature. The petitioners have no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

6. Considering the nature of allegation against the petitioners and the fact that the injuries sustained by the victims are simple in nature and the petitioners have clean antecedent, the petitioners, above named, are directed to be released on prearrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned C.J.M., Katihar in connection with Barsoi P.S. Case No. 374 of 2023, subject to the condition as laid down under Section

Patna High Court CR. MISC. No.44526 of 2024(2) dt.24-07-2024 3/3 438(2) of the Cr.P.C.

7. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T