The Patna High Court granted anticipatory bail to the petitioner, permitting surrender within six weeks to be enlarged on bail with two sureties under Section 438 CrPC, subject to standard conditions.
Released on anticipatory bail upon surrender within six weeks, with a bail bond of Rs. 20,000 and two sureties of like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.25981 of 2022
Arising Out of PS. Case No.-587 Year-2021 Thana- JOKIHAT District- Araria
======================================================
NAHID @ NANHA SON OF BELAL R/O VILLAGE- TARAN, P.S.JOKIHAT, DISTRICT- ARARIA
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Mr. Umanath Mishra, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
Learned counsel for the petitioner is permitted to remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
The Petitioner is apprehending his arrest in a case registered for the offences punishable u/s 341, 323, 308, 504 and 506/34 of the Indian Penal Code.
As per the prosecution case, there was quarrel between the daughter of the informant and the sister of Nahid. Thereafter, the petitioner and the co-accused persons armed with Danda came and started abusing the informant and assaulted with Danda. When the cousin brother, namely, Sayek and
Patna High Court CR. MISC. No.25981 of 2022(4) dt.11-01-2023 2/3
family members came to rescue the informant, then the accused persons started scuffling with them. The informant further alleged that the petitioner assaulted the informant of the back side of his head with lathi and started pulling his hydrocele and when his cousin came to rescue, he was also assaulted with Danda , due to which the informant and his cousin became injured.
Learned counsel for the petitioner has submitted that the petitioner has falsely been implicated in this case due to previous enmity due to land dispute. There is specific allegation against the petitioner though the injury is simple in nature. The petitioner has no criminal antecedent as stated at para 3 of the bail petition.
Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioner.
Considering the aforesaid facts and circumstances of the case, let the above named petitioner, in the event of his arrest/surrender within a period of six weeks from today, be enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court concerned, Araria in connection with Jokihat P.S. Case No. 587 of 2021,
Patna High Court CR. MISC. No.25981 of 2022(4) dt.11-01-2023 3/3
subject to conditions as laid down under section 438(2) of the
Code of Criminal Procedure.
The application stands allowed.
(Chandra Prakash Singh, J)
guddukr/-
U T
1 issue framed by the court
Whether the petitioner should be granted anticipatory bail in a criminal case regarding assault and criminal Misconduct.
1 provisions across 1 enactments
NAHID @ NANHA
The State of Bihar
CHANDRA PRAKASH SINGH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
