Md. Naim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42574 of 2022 Arising Out of PS. Case No.-293 Year-2021 Thana- RAJNAGAR District- Madhubani ====================================================== Md. Naim Son of Md. Pachkauri Resident of Village - Meran, P.s.- Rajnagar, Distt.- Madhubani.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ratanakar Jha, Adv.

For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 06-12-2022 Let the defect(s), if any, be removed within two weeks from today.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Rajnagar P.S. Case No. 293 of 2021 lodged under Sections 341/427/504/506/323/325/308/34 of the I.P.C.

As per the prosecution case, the allegation of assaulting the informant by the sharp cutting weapon farsa is there in the F.I.R.

Learned counsel for the petitioner submits that the entire F.I.R. is false due to the reason that the date of alleged occurrence is 30.09.2021 but F.I.R. has been lodged on 15.10.2021 that is lapse of about 15 days. Counsel submits that

Patna High Court CR. MISC. No.42574 of 2022(2) dt.06-12-2022 2/3 the antecedent of the petitioner is clean and he is in custody since 04.06.2022 and charge sheet has already been filed in this case.

Learned counsel for the State opposes the prayer for bail.

In the present facts and circumstances of this case and the submissions made above, let the petitioner above named, be granted bail on furnishing bail bonds of Rs.30,000/- (Rupees Thirty thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial MagistrateIst, Madhubani in connection with Rajnagar P.S. Case No. 293 of 2021, subject to the conditions as laid down under Section 437(3) of Cr.P.C. with other following conditions: A. The petitioner shall support in trial and shall appear physically before the lower court on each and every date fixed, in case of non-appearance for two consecutive dates without sufficient cause, shall be resulted into cancellation of his bail bond.

B. One of the bailors shall be close relative who shall file affidavit before the court about his relationship with the petitioner.

C. The petitioner shall file an affidavit at the time of

Patna High Court CR. MISC. No.42574 of 2022(2) dt.06-12-2022 3/3 furnishing of bail bond that he shall not involve in such criminal activity during the continuance of present bail bond, violation of this condition shall be resulted into cancellation of his present bail bond.

With this observation, the bail application stands allowed.

(Dr. Anshuman, J.) sadique/- U T