Md. Nasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70966 of 2024 Arising Out of PS. Case No.-88 Year-2024 Thana- MANIYARI District- Muzaffarpur ====================================================== Md. Nasim S/O Late Abdul Mohid R/O Village- Mornisf, P.S- Maniyari, Distt.- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Md. Shamimul Hoda For the Opposite Party/s :

Mr. Choubey Jawahar- A.P.P.

Mr. Fakhruddin Ali Ahmad Mr. Md Reyaj Mr. Md Tauqueer Azhar Mr. Prakash Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 22-09-2025

1. Heard learned counsel for the petitioner, learned APP for the State and the learned counsel appearing on behalf of the informant.

2. The petitioner seeks bail in anticipation of his arrest in ABP No.2722 of 2024 arising out of Maniyari P. S. Case No.88 of 2024 registered for the offences punishable under Sections 341, 323, 307, 379, 354(b), 34 of the Indian Penal Code.

3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and the informant alleges that on 26.03.2024 at around 3.30 P.M., all the accused persons including the petitioner assaulted him and his

Patna High Court CR. MISC. No.70966 of 2024(5) dt.22-09-2025 2/3 family members on account of dispute relating to construction of road. Further, petitioner assaulted him with daab causing injury on his head, thereafter other accused persons also assaulted him with lathi and brick and took Rs.7,000/- from his pocket, when mother, nephew and brother of the informant came to save him, Md. Anjar dashed his mother and tried to outrage her modesty.

4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that on account of dispute relating to construction of road, an altercation had taken place in which both sides assaulted each other and from the side of the petitioner, Maniyari P. S. Case No.87 of 2024 has been instituted against the side of the informant and others. It is further submitted that the instant FIR is a counter-blast to Maniyari P. S. Case No. 87 of 2024. It is reiterated and submitted that petitioner is a person with clean antecedent and is not a criminal.

5. Learned A.P.P. as well as the learned counsel appearing on behalf of the informant opposes the anticipatory bail application. The learned counsel appearing on behalf of the informant submits that there is a specific allegation against the

Patna High Court CR. MISC. No.70966 of 2024(5) dt.22-09-2025 3/3 petitioner of assaulting the informant by Daab causing injury on head. It is further submitted that Daab has both side, blunt and sharp side and from the nature of injury caused, it appears that informant was assaulted from the blunt side, but then, his injury has been opined to be grievous and is on vital part of the body as frontal bone had fractured as recorded in the order impugned.

6. Considering the submissions made by the learned A.P.P., the Court is not inclined to extend the privilege of anticipatory bail to the petitioner.

7. The prayer of the petitioner for anticipatory bail stands rejected.

(Satyavrat Verma, J) vikash/- U T