Md. Nabij v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54949 of 2022 Arising Out of PS. Case No.-140 Year-2022 Thana- TRIVENIGANJ District- Supaul ====================================================== Md. Nabij, S/o Junab Mian, R/o Village- Laharniya, P.S.- Tribeniganj, Distt.- Supaul ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Arun For the Opposite Party/s :

Mr. Aditya Narayan Singh.1 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 24-02-2023 Heard Ld. counsel for the petitioner and Ld. APP for the State.

The petitioner seeks bail in connection with Tribeniganj P.S. Case No. 140 of 2022, registered for the offences punishable under Sections 148, 149, 341, 323, 307, 504 and 324 of the Indian Penal Code.

The prosecution case as emerges from the FIR is that on 15.03.2022, at around 3:00 pm, informant's father and aunt were returning to their home after irrigating maize field, all of a sudden, some persons including the petitioner, surrounded and started assaulting them with hard blunt substance and when the co-villagers came to their rescue, the accused persons fled away.

2/4 Ld. counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. He further submits that investigation in this case is complete and charge-sheet has already been submitted. He further submits that the petitioner has been languishing in jail since 02.06.2022.

It has also been stated in paragraph no. 3 of the bail petition that the petitioner has no criminal antecedent. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one.

However, Ld. APP for the State vehemently opposes the prayer of the petitioner for bail. Considering the aforesaid facts and circumstances, this application is allowed, directing the petitioner, abovenamed, to be enlarged on bail on his furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Ld. i/c C.J.M, Supaul in connection with Tribeniganj P.S. Case No. 140 of 2022, after framing of charge, if not already framed,

3/4 subject to the following conditions:

(i) The petitioner will make himself available for interrogation by a police officer/court as and when required. (ii) The petitioner will undertake that investigation/trial will not get hampered on account of his absence or non-cooperation. He must be available to the police or the court whenever his presence is required. (iii) The petitioner shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court or to any police officer.

(iv) In case, it is brought to the notice of the court below that the petitioner has any criminal antecedents, Ld. court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.

(v) In case, it is brought to the notice of the court below that statement regarding previous bail petition is

4/4 wrong, Ld. court below shall cancel the bail bonds of the petitioner.

Trial Court is directed not to make any delay in framing of charge without any valid reason.

Ld. counsel for the petitioner is directed to remove all the defects, if any, pointed out by the office within a period of one month and the Registry is directed to issue the certified copy of this order only after removal of office objections.

(Jitendra Kumar, J) chandan/- U T