Md. Nayeem v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21633 of 2018 Arising Out of PS.Case No. -55 Year- 2017 Thana -GHANSHYAMPUR District- DARBHANGA ======================================================

1. Md. Nayeem S/o Md. Salim, R/o vill.- Kunauni, P.S.- Ghanshyampur, District- Darbhanga.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sunil Kumar For the Opposite Party/s : Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-05-2018 The petitioner is apprehending his arrest in connection with Ghanshyampur P.S. Case No. 55/2017, registered for offences punishable under Sections 147, 148, 341, 323, 324, 307 and 379 of the Indian Penal Code.

Allegation against the petitioner is of assault to the informant brothers on his head by hammer.

It has been submitted on behalf of the petitioner that earlier the injury was found to be simple in nature, however, by making manipulation it has been made that opinion with regard to injury has been kept reserved.

Heard learned A.P.P. also.

Having heard both sides, considering the facts and circumstances of the case and also the fact that after perusal of the

Patna High Court Cr.Misc. No.21633 of 2018 (3) dt.15-05-2018 2/3 case diary, it appears that some manipulation has been made with regard to injury as earlier it appears to have been written as simple but thereafter it has been made as opinion has been kept reserved, as such, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Darbhanga, in connection with Ghanshyampur P.S. Case No. 55/2017, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner shall cooperate in the investigation and make himself available as and when required by the police and on the event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the

Patna High Court Cr.Misc. No.21633 of 2018 (3) dt.15-05-2018 3/3 prosecution is free to move for cancellation of his bail bonds.

(Vinod Kumar Sinha, J) sunil/- U T