Nadim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1146 of 2021 Arising Out of PS. Case No.-88 Year-2020 Thana- SAKURABAD District- Jehanabad ====================================================== 1.

NADIM SON OF BHOLA MIAN @ABDUL JABBAR KHAN RESIDENT OF VILLAGE-SHAKURABAD,P.S-SHAKURABAD, DISTRICTJEHANABAD 2.

MUSTAQUE @ MUSTAQUE ALAM SON OF SHAMIM RESIDENT OF VILLAGE-SHAKURABAD,P.S-SHAKURABAD, DISTRICTJEHANABAD.

3.

BHOLA MIAN @ ABDUL JABBAR KHAN SON OF MD. SATTAR MIAN RESIDENCE OF VILLAGE-SHAKURABAD,P.SSHAKURABAD,DISTRICT-JEHANABAD ... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Nitya Nand Neeraj For the Opposite Party/s :

Mr. Md. Aslam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 12-08-2021 Heard the learned counsel for the petitioners and the learned APP for the State.

The petitioners seek bail in anticipation of their arrest in connection with Shakurabad P.S. Case No. 88 of 2020 instituted for the offences under Sections 1147, 148, 149, 341, 323, 324, 307, 353, 333, 504 and 506 of the Indian Penal Code and Section 51(B)/56/57 of the N.D.M. Act.

The subject F.I.R. has been lodged by a police

Patna High Court CR. MISC. No.1146 of 2021(2) dt.12-08-2021 2/3 officer alleging that the petitioners and others started clashing with the other group and did not accede to the direction of the police party for disengaging themselves. Because of the riotous behaviour of the accused persons, five of the police men have received injuries. Learned counsel for the petitioners has submitted that they have been made accused in this case only on the basis of suspicion. Though they have been named in the F.I.R. but no specific accusation has been levelled against them. Two group of persons have fought amongst themselves over the issue of smoking ganja inside the campus of a coaching institute. The father of petitioner no. 2 has also filed a case with respect to the same occurrence vide Shakurabad P.S. Case No. 87/2020.

The injuries suffered by the members of the police party are stated to be simple in nature caused by hard and blunt substance. One of the co-accused persons of this case has been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 17.04.2021 passed in Cr. Misc. No. 34632 of 2020.

Patna High Court CR. MISC. No.1146 of 2021(2) dt.12-08-2021 3/3 Regard being had to the afore-stated facts, the petitioners, above named, are directed to be released on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jehanabad, in connection with Shakurabad P.S. Case No. 88 of 2020, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

(Ashutosh Kumar, J) sunilkumar/- U T