Naushad @ Md. Nausad Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46543 of 2019 Arising Out of PS. Case No.-27 Year-2019 Thana- MIRGANJ District- Purnia ====================================================== Naushad @ Md. Nausad Alam, Son of Mustak Alam, Resident of VillageRangpura, P.S.- Mirganj, District- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand For the Opposite Party/s :

Mr.Atul Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 26-07-2019 Heard learned counsel for the petitioner and learned counsel appearing on behalf of the State.

Petitioner apprehends his arrest in connection with Mirganj P.S. Case No.27 of 2019 for the offence punishable under Sections 341, 342, 323, 308, 379, 385 and 34 of the Indian Penal Code.

The allegation against the petitioner, as per the FIR is that informant, who is a correspondent of Hindustan Newspaper, stating therein that on 06.03.2019 at about 5:05 P.M., he was going from Koutilya bus. Suddenly 10-12 persons stopped the bus and entered into there and assaulted the informant by means of iron rod on his head. They were dragging the informant from the bus. The informant has fuhrer disclosed that he was assaulted at the behest of owner of shoes shop and his son

Patna High Court CR. MISC. No.46543 of 2019(2) dt.26-07-2019 2/3 situated near Dandaha Chowk.

Learned counsel appearing for the petitioner submits that petitioner is innocent having no criminal antecedent. He further submits that petitioner is not named in the FIR and after 15 days of the date of occurrence, his name has been given by the informant to the police as one of the assailant. Learned counsel further submits that petitioner is a Correspondent of Hindustan Newspaper and had previous acquaintances with the informant also. He further submits that petitioner has got no concern with owner of the shoes shop. It has further been submitted that injuries caused to the informant are simple in nature.

After having heard learned counsel for the petitioner as well as learned counsel appearing on behalf of the State and taking into consideration the fact that petitioner is not named in the FIR and his name has been giving after 15 days of the date of occurrence, whereas as per the petitioner's statement petitioner and informant had previous acquaintance, as such, I am inclined to grant anticipatory bail to the petitioner. Accordingly, the petitioner is directed to surrender before the learned Court below within a period of four weeks from today and in the event of surrender by him, he shall be released on anticipatory bail by the Court below upon furnishing

Patna High Court CR. MISC. No.46543 of 2019(2) dt.26-07-2019 3/3 bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Ist A.C.J.M., Purnea, subject to the condition as mentioned under Section 438

(2) of Cr.P.C.

(Anil Kumar Sinha, J) sanjeev/- U T