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Patna High CourtCR. MISC./25191/2018bail granted

Md. Nasim v. The State Of Bihar

2018-05-03Mr. Justice Ashutosh Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25191 of 2018 Arising Out of PS.Case No. -713 Year- 2017 Thana -FORBESGANJ District- ARRARIA ===================================== Md. Nasim, Son of Md. Rasool, Resident of Village- Jhirua West, Ward No. 12, P.S.- Simraha (Forbisganj), DistrictAraria. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Anand, Adv. For the Opposite Party/s : Mr. Abhay Kumar - 1, APP ===================================== CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR ORAL ORDER 03-05-2018 The petitioner seeks bail in anticipation of his arrest in connection with Forbisganj P.S. Case No. 713 of 2017, dated 13.09.2017, instituted for the offences punishable under Sections 448, 341, 323, 324, 307, 379 and 504/34 of the Indian Penal Code.

The informant/Mir Sahanwaz has alleged that at his instance a case vide Simraha P.S. Case No. 1 of 2017 was lodged. In connection with the investigation of the aforesaid case, the police officers had come to his village.

Patna High Court Cr.Misc. No.25191 of 2018 (3) dt.03-05-2018 2/3 After the police officers left, the petitioner and others came to the house of the informant and started abusing him for having filed a case against them. The informant and others are alleged to have been assaulted by the accused persons including the petitioners, leading to injuries on the person of the informant and others. Learned counsel for the petitioner has submitted that the specific allegation of assault on the informant is on Md. Shamim. The allegation against the petitioner is of general and omnibus nature.

Be that as it may, the injuries suffered by the victims are all opined to be simple in nature. Co-accused/Md. Shamim has also lodged a case against the informant of the present case and others vide Forbisganj P.S. Case No. 714 of 2017.

The two cases in which the petitioner had earlier been made accused, he is on bail.

Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks from today, be released on anticipatory bail on furnishing bail bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial

Patna High Court Cr.Misc. No.25191 of 2018 (3) dt.03-05-2018 3/3 Magistrate, Araria in connection with Forbisgnaj (Simraha) P.S. Case No. 713 of 2017.

(Ashutosh Kumar, J) Praveen-II/- U T