Md. Nasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10231 of 2021 Arising Out of PS. Case No.-52 Year-2018 Thana- NAYAGAON District- Begusarai ====================================================== MD. NASIM, Son of Late Ibrahim @ Bhopali, Resident of Village Dariyapur, Police Station - Naya Gaon, District - Begusarai. ... ... Petitioner/s

Versus

THE STATE OF BIHAR.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Shashi Dhar Jha, Advocate For the Opposite Party/s :

Mr. Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 24-01-2022 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner apprehends his arrest in Naya Gaon P.S. Case No.52 of 2018, registered for the offences punishable under Sections 147, 148, 149, 342, 323, 353, 307, 224, 225, 504 and 506 of the Indian Penal Code.

The petitioner along with 52 persons named in the FIR and 100 other unknown persons attacked on police personnel and an accused of another case succeeded in absconding from the clutches of the police.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that no independent witness has come forward to support the case. The police in course of raid

Patna High Court CR. MISC. No.10231 of 2021(4) dt.24-01-2022 2/2 started assaulting the villagers, therefore, the villagers made protest. It is further submitted that name of 52 persons have been given in the FIR, but the informant did not disclose how he has identified these persons.

Learned counsel for the State opposes the prayer for anticipatory bail of the petitioner and submits that the petitioner has got seven criminal antecedents. Paragraphs No.1, 2, 3, 4, 5, 6, 7, 8, 15 and 16 of the case diary support the prosecution case. Considering the fact that the petitioner has got criminal antecedents and he succeeded in fleeing away from the custody of the police with the help of others, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the prayer for bail of the petitioner is rejected. (Anjani Kumar Sharan, J.) Sanjay/- U T