Sheikh Nasim @ Nasim Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41040 of 2019 Arising Out of PS. Case No.-157 Year-2018 Thana- BETTIAH CITY District- West Champaran ====================================================== SHEIKH NASIM @ NASIM ALAM Son of Sabdullah Mian Resident of Village- Ghusukpura, Ward No.31, Baswriya, P.S.- Town, Bettiah, DistrictWest Champaran. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Umesh Chandra Verma For the Opposite Party/s :
Mr.Shyam Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 03-07-2019 This application, for grant of anticipatory bail, arises out of Bettiah Town P.S. Case No. 157 of 2018, disclosing offences under Sections 341, 323, 379 and 34 of the Indian Penal Code.
Prosecution story as per Fardbeyan is that petitioner and others assaulted the informant, who later on died. Submission of learned counsel for the petitioner is that in the second statement of son of informant, name of petitioner did not transpire and furthermore, the postmortem report disclosed that the deceased was admitted on 02.03.2018 and, thereafter, he was discharged and there was only simple injuries but later on the deceased complain of breathlessness and he was admitted and died and other accused persons of this case
Patna High Court CR. MISC. No.41040 of 2019(2) dt.03-07-2019 2/2 has been granted the privilege of anticipatory bail by a coordinate Bench of this Court vide order dated 07.08.2018 passed in Cr. Misc. No. 39026 of 2018.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 25,000/- (Rupees Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bettiah, West Champaran, in connection with Bettiah Town P.S. Case No. 157 of 2018, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Vinod Kumar Sinha, J) sunilkumar/- U T