Nazamuddin @ Putalo And ORS v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.20441 of 2016 Arising Out of PS.Case No. -159 Year- 2015 Thana -MANIHARI District- KATIHAR ======================================================
1. Nizamuddin @ Putalo Son of Sk Bashir
2. Md. Afsar son of Amiruddin @ Fudru
3. Sk Furkan @ Buddhu Son of Late Wasi .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajit Kumar Singh For the Opposite Party/s : Mr. Dinesh Singh (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 12-05-2016 Heard learned counsels for the petitioners and the State.
The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 448, 341, 323, 324, 307, 504/34 of the Indian Penal Code. Prosecution case is that on 06.11.2015 at about 11.45 PM in the night co-accused Amjad, Sk. Nabir, petitioner no.1 Najamuddin, petitioner no.2 Md. Afsar, Sk. Halo, petitioner no.3 Sk. Furkan came to the door of the informant and started abusing for not compromising the earlier case. It is specifically alleged that co-accused Amjad assaulted with knife on the chest of the informant, though, injury was caused on his head when other accused persons assaulted the informant with fists and slaps.
Patna High Court Cr.Misc. No.20441 of 2016 (2) dt.12-05-2016 2/2 It is submitted by learned counsel for the petitioners that specific accusation of assault to the informant is against coaccused Amjad and only one incise injury has been found grievous in nature.
Considering the fact that accusation of assault is not specific against these petitioners coupled with a statement made in paragraph 3 of the petition that the petitioners have no criminal antecedent, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Katihar, in connection with Manihari P.S. Case No.159/2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
(Dinesh Kumar Singh, J) Ashwini/- U T