Md Azam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87650 of 2024 Arising Out of PS. Case No.-325 Year-2024 Thana- JAMUI District- Jamui ====================================================== Md Azam S/O Md Tahir R/O Vill.- Azad Nagar, P.S- Jamui, Dist- Jamui ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pankaj Kumar Sinha, Adv For the State :
Mr.Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends his arrest in connection with Jamui P.S. Case No. 325 of 2024 registered for the offences punishable under Sections 341, 323, 324, 384, 308, 427, 504, 506/34 of the Indian Penal Code.
3. The allegation against the petitioner in the FIR is that he along with others had gone to the private hospital along with dead body of Nazrana Khatton and were asking the informant, who is doctor to admit her for treatment. Upon refusal by the doctor and the hospital authorities, it is stated that petitioner and other FIR named accused persons started assaulting the informant by means of knife and iron rod. Md. Sahbaz is alleged to have given knife blow whereas Md. Monu
Patna High Court CR. MISC. No.87650 of 2024(4) dt.23-04-2025 2/3 and the present petitioner are alleged to have given iron rod blow on the head of the informant due to which he sustained injuries.
4. Learned counsel for the petitioner submits that the allegations levelled in the FIR are totally false and the petitioner and others have been made accused in this case by the doctor and the hospital authorities in order to save their own skin as it was the doctor and the hospital authorities, who had committed wrong with the petitioner and others by not admitting Nazrana Khatoon in the hospital. It has further been submitted that a dispute arose between the informant and the accused persons, however, the FIR was not lodged with all promptness. Learned counsel for the petitioner further submits that no case has been filed on behalf of the petitioner as the hospital had given some compensation amount for the children of the said deceased.
5. The learned APP for the State opposes the bail application by submitting that the petitioner is also accused in one other case in which learned counsel for the petitioner has responded by stating that in paragraph -3 of the supplementary affidavit, it has been stated that he has been granted bail in other case filed against him.
Patna High Court CR. MISC. No.87650 of 2024(4) dt.23-04-2025 3/3
6. Taking into consideration the facts and circumstance of the case, I am inclined to grant privilege of anticipatory bail to the petitioner. Accordingly, in the event of his arrest/ surrender within a period of four weeks from today the petitioner shall be released on bail on furnishing bail bonds of Rs 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate Jamui in Jamui P.S. Case No. 325 of 2024, subject to condition as laid down under Section 438(2) of the Cr.P.C and subject to the further condition that the petitioner shall cooperate in investigation/ trial. (Soni Shrivastava, J) N.K/- U T