Md. Niyamul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.6688 of 2021 Arising Out of PS. Case No.-115 Year-2020 Thana- KRITYANAND NAGAR District- Purnia ====================================================== 1.

Md. Niyamul Son of Late Muddi Resident of Village - Amarpur, P.S.- K. Nagar, District - Purnea.

2.

Md. Asfarul Son of Md. Niyamul Resident of Village - Amarpur, P.S.- K. Nagar, District - Purnea.

... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Amit Kumar Anand, Adv.

For the Opposite Party/s :

Mr. APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL KUMAR PANWAR ORAL ORDER 06-12-2021 Heard learned counsel for the petitioners and learned APP for the State.

Learned counsel for the petitioners is expected to honour his undertaking given in the instant case for depositing the requisite court fee and to remove the defects as pointed out by the office when called upon to do so by the office. Learned counsel for the petitioners submits that he does not want to press the bail petition of petitioner no.2 Md. Asfarul.

Accordingly, Criminal Misc. case with respect to petitioner no.2 Md. Asfarul stands dismissed as not presses. The petitioner no.1 is apprehending his arrest in connection with K. Nagar P.S. Case No. 115/2020 registered for

Patna High Court CR. MISC. No.6688 of 2021(2) dt.06-12-2021 2/2 the offences punishable under Sections 341, 323, 307, 380, 504, 506/34 of the I.P.C..

Allegation against the petitioner no.1 alongwith other accused persons is said to have assaulted the informant and his family members by iron rod.

It is submitted by the learned counsel for the petitioner that allegation of assaulting against the petitioner no.1 Md. Niyamul is omnibus. Further submits that petitioner no.1 is innocent and has falsely been implicated in this case. Doctor has found that the injury of the injured as simple in nature. In the facts and circumstances of the case, let the petitioner no.1 Md. Niyamul, in the event of his arrest or surrender before the Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten Thousands) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Purnea in connection with K. Nagar P.S. Case No.115/2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sunil Kumar Panwar, J) ravishankar/- U T