Md. Nadeem @ Nek Mohammad @ Nayeem Md. @ Nadeem @ Naik Mohd. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73074 of 2022 Arising Out of PS. Case No.-112 Year-2021 Thana- BELA District- Sitamarhi ====================================================== MD. NADEEM @ NEK MOHAMMAD @ NAYEEM MD. @ NADEEM @ NAIK MOHD. S/o Kauem @ Abdul Qyum @ Qayum R/v- Lahuriya, P.S.- Bela, District- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Santosh Kumar For the Opposite Party/s :

Mr.Ram Priya Sharan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-02-2023 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered for the offence punishable under Sections 341, 323, 307, 379, 504 and 34 of the Indian Penal Code pending in the learned court below.

There is allegation against the petitioner that he along with others co-accused persons assaulted the informant and injury found was in the vital part of the body. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. He further submits that there is general and omnibus allegation against the petitioner. He submits that there is no

Patna High Court CR. MISC. No.73074 of 2022(2) dt.02-02-2023 2/2 specific overt act against the petitioner. He submits that almost all the injuries received by the victim is one lacerated wound has been caused over occipital area of skull and the same has been caused by Hard and Blunt substances. He further submits that petitioner has got no criminal antecedent as stated in para-3 of the bail application.

Learned APP for the State opposes for prayer for bail. Considering the aforesaid facts and circumstances and the fact that there is no specific overt act against the petitioner, let the petitioner, named above, in the event of his arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail, on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount to the satisfaction of the learned Court below, where the case is pending/Successor court, in connection with Bela P.S. Case No.112/2021, subject to the condition as laid down under Section 438 (2) of the Cr.P.C.

(Anjani Kumar Sharan, J) ajay/- U T