Nasim @ Nasim Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.45804 of 2023 Arising Out of PS. Case No.-285 Year-2023 Thana- MOHANIYA District- Kaimur (Bhabua) ====================================================== Nasim @ Nasim Alam Son Of Mukhtar Miya Resident Of Village- Kurra, PsMohania, Distt- Kaimur At Bhabua ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Parwej Khan, Advocate For the Opposite Party/s :

Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 04-08-2023 Heard learned counsel for the petitioner and learned A.P.P. for the State.

02. In the present case, the petitioner is apprehending his arrest in connection with Mohania P.S. Case No. 285 of 2023, registered on 01.05.2023, for the alleged offence under Sections 341, 323, 307, 504/34 of the Indian Penal Code.

03. As per prosecution case, the petitioner and other coaccused persons assaulted the informant and her family members, causing injuries to them.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. There is no specific allegation against the petitioner and the allegation of assault on the informant and her husband is against other co-accused persons. There is nothing to show the involvement of this petitioner, who is a student, in the alleged

Patna High Court CR. MISC. No.45804 of 2023(2) dt.04-08-2023 2/2 occurrence.

05. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

06. Having regard to the facts and circumstances and submission made on behalf of the parties and considering the absence of any specific allegation of assault against the petitioner, let the petitioner above named, in the event of his arrest or surrender before the court concerned within a period of eight weeks from today, be released on bail, on furnishing bail bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Mohania, Kaimur at Bhabhua/concerned court in connection with Mohania P.S. Case No. 285 of 2023 subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure and other following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.

(Arun Kumar Jha, J) Ashish/- U T