Nazim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10212 of 2021 Arising Out of PS. Case No.-284 Year-2020 Thana- JOKIHAT District- Araria ====================================================== 1.
NAZIM SON OF SHAHID RESIDENT OF VILLAGE-PANSERWA, WARD NO-6, P.S- MAHALGAON, DISTRICT-ARARIA 2.
SHAHID @ SAHID SON OF SHARFUDDIN RESIDENT OF VILLAGEPANSERWA, WARD NO-6, P.S- MAHALGAON, DISTRICT- ARARIA. 3.
TAUHID @ TOHID SON OF SARFU @ SARFUDDIN RESIDENT OF VILLAGE- PANSERWA, WARD NO-6, P.S- MAHALGAON, DISTRICTARARIA 4.
SHAKIB SON OF DOST MOHAMMAD @ DAUSAD RESIDENT OF VILLAGE- PANSERWA, WARD NO-6, P.S- MAHALGAON, DISTRICTARARIA 5.
ALAM @ AZAJ SON OF SERAJ RESIDENT OF VILLAGEPANSERWA, WARD NO-6, P.S- MAHALGAON, DISTRICT-ARARIA 6.
AZAM @ AZIMUDDIN SON OF LATE TETAN @ TETAR RESIDENT OF VILLAGE- PANSERWA, WARD NO-6, P.S- MAHALGAON, DISTRICT-ARARIA 7.
SAUKIN @ SHAUKAT ALI SON OF AZAM @ AZIMUDDIN RESIDENT OF VILLAGE- PANSERWA, WARD NO-6, P.SMAHALGAON, DISTRICT-ARARIA ... ... Petitioners.
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Prasad Singh For the Opposite Party/s :
Mr. Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 13-12-2021 Heard learned counsel for the petitioners and learned A.P.P. for the State.
Learned counsel for the petitioners undertakes to remove the defects, as pointed out by the office, within four weeks. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the
Patna High Court CR. MISC. No.10212 of 2021(2) dt.13-12-2021 2/3 Bench.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 354B, 380, 447 & 448/34 of the Indian Penal Code. The allegation against the petitioners is that they forcibly entered into the house of the informant and started abusing them and on protest they assaulted them by means of fists. They also took away Rs.40,000/- from the box. The reason behind the occurrence is said to be demand of labour cost. It is submitted by learned counsel for the petitioners that no such occurrence as alleged ever took place. Petitioners have been falsely implicated in this case with ulterior motive, village politics and in collusion of the police. The allegation levelled against the petitioners is not specific rather general and omnibus in nature.
There is inordinate and abnormal delay of two days in lodging the F.I.R. without assigning any plausible and convincing reason for the said delay. Petitioners have no criminal antecedent.
Patna High Court CR. MISC. No.10212 of 2021(2) dt.13-12-2021 3/3 of Rs.25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned lower Court where the case is pending/successor Court in connection with Jokihat (Mahalgaon) P.S. Case No.284 of 2020, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.
(Anjani Kumar Sharan, J) Trivedi/- U T