Md. Nafees @ Nafish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10203 of 2021 Arising Out of PS. Case No.-312 Year-2020 Thana- DARBHANGA SADAR DistrictDarbhanga ====================================================== 1.

Md. Nafees @ Nafish Son of Md. Nasruzzama R/o Village- Loam, P.S.- Sadar, District- Darbhanga.

2.

Shamse Alam Son of Badre Alam @ Kadri R/o Village- Loam, P.S.- Sadar, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioners :

Mr.Shailesh Kumar, Advocate For the Opposite Party :

Mr.Manoj Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 10-03-2022 Heard learned counsel for the petitioners and learned APP for the State.

The petitioners apprehend their arrest in connection with Sadar P.S. Case No. 312 of 2020 registered for offences under Sections 302, 120B and 504/34 of the Indian Penal Code. It has been pointed out by learned counsel for the petitioners that the petitioners are not the assailants of the deceased. He also submits that one of the petitioners is a qualified Engineer from Bhopal and another petitioner is a Diploma-holder (Mechanical) who is working in Monte Carlo and if they are not granted anticipatory bail, their career will be spoiled.

Patna High Court CR. MISC. No.10203 of 2021(3) dt.10-03-2022 2/3 Learned counsel for the informant submits that the process under Section 82 of the Cr.P.C. was issued against the petitioners but on the last date the petitioners said that the order issuing processes has been stayed and therefore, the petitioners have not been declared absconder.

About the criminal antecedents, learned counsel for the petitioners says that some cases are pending between the informant and the petitioners and false cases are being registered against them by the informant.

Considering the aforesaid submissions, this Court is willing to grant anticipatory bail to the petitioners as their career will be spoiled. Purpose of grant of bail is to make the petitioners to attend the trial and ultimate finding about the guilt of the petitioners will be decided by the trial court after conclusion of the trial. There is no chance that the petitioners will abscond.

Considering the overall circumstances, this application for anticipatory bail is allowed. Accordingly, let petitioners, above-named, in the event of their arrest or surrender within four weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties of the like amount

Patna High Court CR. MISC. No.10203 of 2021(3) dt.10-03-2022 3/3 each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with Sadar P.S. Case No. 312 of 2020, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Sandeep Kumar, J) BT/- U T