Md. Najmul Haque v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29161 of 2018 Arising Out of PS.Case No. -37 Year- 2018 Thana -AMDABAD District- KATIHAR ======================================================
1. Md. Najmul Haque S/o Late Ibrahim, R/o Vill.- Chharramari, Baijnathpur, P.S.- Amdabad, District- Katihar. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJENDRA KUMAR MISHRA ORAL ORDER 14-05-2018 Heard learned counsel for the petitioners and the learned A.P.P. for the State.
The petitioner seeks pre-arrest bail in connection with Amdabad P.S. Case No.37 of 2018 registered for the offences under Sections 147, 148, 149, 341, 504, 323, 324, 325, 307 of I.P.C..
Accusation is that nine persons named in the F.I.R. including the petitioner and 15 -20 others stopped the informant alleging a complaint why he was diminishing his prestige in society and started assaulting him with fists and slaps but any how he escaped from there and on hearing the incident his nephew Nizam and Md.Washim went there then this petitioner assaulted his nephew Nazim with sickle causing injury on his head and Md.
Patna High Court Cr.Misc. No.29161 of 2018 (2) dt.14-05-2018 2/2 Washim was also assaulted.
Learned counsel appearing on behalf of the petitioner submits that the specific allegation of assault is against this petitioner who caused injury on the forehead of the informant through sickle but the injury was of lacerated in nature caused by hard and blunt substance with complaint of body pain. As per Xray 7th rib was found fractured. Further submission is that the occurrence of mar pit took place due to which the petitioner also sustained injury regarding which Amdabad P.S. Case No.38 of 2018 was instituted under Sections 147, 148, 149, 341, 504, 506, 323, 325 and 307 of I.P.C. against the informant of the present case and others. The petitioner has got no criminal antecedent.
Having considered the facts and the circumstances of the case, let the petitioner above named, in the event of his arrest or surrender before the court below within six weeks from today, be enlarged on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the C.J.M., Katihar, in Amdabad P.S. Case No.37 of 2018 subject to the conditions as laid down under Section 438(2) of Cr.P.C.