Nazim @ Najim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.71574 of 2019 Arising Out of PS. Case No.-335 Year-2018 Thana- JOKIHAT District- Araria ====================================================== 1.

NAZIM @ NAJIM Son of Md Azim Resident of Village- Danpura Tola Marua, P.S.- Joki Hat District- Araria.

2.

Rahim Son of Ajmal Resident of Village- Kumhia, P.S.- Plasi, DistrictArarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nadimul Hasan For the Opposite Party/s :

Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 22-11-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 341, 323, 379, 354B, 384, 447, 504/34 of the Indian Penal Code. As per FIR on 26.10.2018 at 8.30PM the co-accused Sayra @Bouniya and her son were forcibly constructing house over the land of the father of the informant while the said land has already been sold by them and when the father of the informant raised objection, the petitioners and other co-accused persons named in the F.I.R. started abusing and assaulting and in the meantime the co-accused namely Muzahid, Irshad and Jahid

Patna High Court CR. MISC. No.71574 of 2019(3) dt.22-11-2019 2/3 tore the clothes of the mother of informant due to that she became half naked and also snatched her golden ear ring and all the accused persons assaulted with lathi-danda, fists and slaps to the father and brother of the informant.

Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case due to enmity out of the land dispute. He submits that the petitioners are the members of the mob. He submits that the specific allegation is of tore the clothes of the mother of the informant against co-accused Muzahid, Irshad and Jahid and not against the petitioners. He submits that similarly situated coaccused have been granted the privilege of bail by the learned court below itself. He further submits that petitioners have no criminal antecedent.

In the facts and circumstances of the case, let the petitioners, above named, in the event of their arrest or surrender before the Court below within a period of six weeks from the date of receipt of the order, be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Araria in connection with Joki Hat Police Station Case No. 335 of 2018, subject to the

Patna High Court CR. MISC. No.71574 of 2019(3) dt.22-11-2019 3/3 conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

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