Md. Danish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.177 of 2021 Arising Out of PS. Case No.-123 Year-2020 Thana- GAUTAMBUDHNAGAR DistrictSiwan ====================================================== MD. DANISH, son of Md. Naim @ Naeem Ahmad Resident of VillageSalahpur Uttar Patti, P.S.- G.B. Nagar, District- Siwan. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Javed Aslam For the Opposite Party/s :

Mr. Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 17-08-2021 As prayed for, let the learned counsel appearing for the petitioner remove the defect(s), as pointed out by the office vide its notes dated 31.12.2020, within four weeks of starting of Court proceeding in physical mode in normal course. Heard learned counsel for the petitioner and the learned A.P.P. for the State through video conferencing. The petitioner apprehends his arrest in connection with G.B Nagar P.S. Case no. 123 of 2020, registered under Sections 147, 148, 149, 323, 324, 307, 504 and 506 of the Indian Penal Code.

The accusation is that in the evening of 25.05.2020 due to opening of Nat and handle of public hand-pump installed in the village, inquiry was made by the brother of Chandan Kumar. In that course, abuse started, at that time, informant Mundrika Shah also reached there then saw, 16

Patna High Court CR. MISC. No.177 of 2021(2) dt.17-08-2021 2/2 persons named in the F.I.R. were present there, who were indulged in abusing to Chandan Kumar and others then informant tried to pacify the matter. At that time, Yusuf Jamal and Salim Ansari caused blood oozing injury at the head of informant through Lathi. When Nandlal Shah and Bittu Shah, son and nephew of informant, rushed to save then they were also assaulted by them.

Learned counsel for the petitioner submits that petitioner is the co-villager of the informant and he is not named in the F.I.R., but, in course of investigation, the informant raised suspicion about having hand of petitioner in the occurrence. The petitioner has no criminal antecedent. Having regard to the facts and circumstances of the case, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Sri R.S. Pandey, Judicial Magistrate, Siwan in connection with G.B. Nagar P.S. Case No. 123 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Rajendra Kumar Mishra, J) manish/- U T