Md. Nazim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72261 of 2018 Arising Out of PS. Case No.-359 Year-2018 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Md. Nazim, Son of Late Md. Shadik, Resident of Village- Gadai Sarai, P.S.- Hajipur Sadar, Dist.- Vaishali.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar For the Opposite Party/s :

Mr. Mukeshwar Dayal ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 20-12-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner is apprehending his arrest in a case registered under Sections 147, 149, 323, 307, 302, 379, 504 of the Indian Penal Code.

The prosecution case, in brief, is that for petty feud, dispute arose and in consequence thereof, informant's mother was assaulted, as a result of which, informant's mother succumbed to the injuries.

It has been submitted on behalf of the petitioner that the petitioner has got no criminal antecedent. There is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case. General and omnibus allegation has been made against the

Patna High Court Cr.Misc. No.72261 of 2018(2) dt.20-12-2018 2/2 petitioner of assaulting the deceased with fist and slaps. Specific allegation is against co-accused Irfan who assaulted the deceased by means of Lathi. The alleged occurrence is said to have taken place due to petty reason. The other co-accused persons with similar allegation have been granted anticipatory bail by this court vide order dated 05-12-2018 passed in Cr. Misc. No. 59659 of 2018.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances, let the petitioner, above named, in the event of arrest/surrender before the learned court below within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vaishali at Hajipur in connection with Hajipur Sadar P.S. Case No. 359 of 2018, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Sudhir Singh, J) A.K.V.//- U T