Md. Nazim @ Nazamuddin v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.22972 of 2017 Arising Out of PS.Case No. -68 Year- 2017 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Md. Nazim @ Nazamuddin S/o - Late Emamul Resident of Village - Gokhlapur, P.S. - Narpatganj, District - Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Md. Naushad Uzzoha For the Opposite Party/s : Mr. Sri Satyendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-05-2017 Heard the parties.

The petitioner seeks regular bail in connection with Narpatganj P.S.Case No.68 of 2017, registered for offences punishable under Sections 341, 323, 324, 307, 354(B), 379, 504, 506/34 of the Indian Penal Code.

Allegation against the petitioner is of assault by fists and slaps to Md. Rabban and Md.Kalam and further allegation is that he has assaulted by 'Farsa' upon Md. Kalam, however, it is submitted on behalf of the petitioner that the injuries are simple in nature. Apart from that there is a case and counter case between the parties and the petitioner is in custody for about three months. Heard learned A.P.P. also, who could not controvert the fact that the injuries are simple in nature.

Patna High Court Cr.Misc. No.22972 of 2017 (2) dt.15-05-2017 2/2 Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Araria, in connection with Narpatganj P.S.Case No.68 of 2017.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U