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Patna High CourtCR. MISC./1155/2025bail granted

Md. Nabir v. The State Of Bihar

2025-05-15Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.1155 of 2025 Arising Out of PS. Case No.-63 Year-2024 Thana- SHRI NAGAR District- Madhepura ====================================================== 1.

Md. Nabir S/O Md. Mosim R/O Village- Puraini, Ward No. 11, P.SSrinagar, Distt.- Madhepura. 2.

Sebun Khatoon W/O Md. Nabir R/O Village- Puraini, Ward No. 11, P.SSrinagar, Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Uday Chand Prasad, Advocate Mr. Manoj Kumar, Advocate Ms. Pooja Prasad, Advocate For the State :

Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-05-2025

1. Heard learned counsel for the petitioners, learned APP for the State.

2. The petitioners apprehend their arrest in connection with Srinagar P.S. Case no. 63 of 2024 registered under sections 341, 323, 307, 504, 506 and 34 of the Indian Penal Code.

3. The allegation in the First Information Report is that the accused persons including the petitioners entered the courtyard of the informant and while hurling abuses, the petitioner no. 1 pushed the informant and petitioner no. 2 gave a dabiya blow upon the head of the informant, while others assaulted with lathi.

4. Learned counsel for the petitioner submits that false allegations have been levelled against the petitioners and the

Patna High Court CR. MISC. No.1155 of 2025(4) dt.15-05-2025 2/3 present FIR has been lodged after due thought and deliberation inasmuch as occurrence is said to have taken place on 17.05.2024 whereas the present FIR came to be lodged on 20.05.2024. It has also been submitted that there is a land dispute between the informant's husband and the petitioner and the injury which has been suffered by the informant is also simple in nature which would be apparent from the final injury report which is on record.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State on the ground that the petitioner no. 1 has one criminal antecedent whereas petitioner no. 2 has no criminal antecedent and the petitioner no. 1 is on bail in the said case.

6. Considering the aforesaid facts of the case, it is directed that the petitioner, above named, in the event of his arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Srinagar P.S. Case no. 63 of 2024 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M. Madhepura, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section

Patna High Court CR. MISC. No.1155 of 2025(4) dt.15-05-2025 3/3 482(2) of the B.N.S.S, 2023.

(Soni Shrivastava, J) Raj Ranjan/- U T