Allowed

Md. Nashir v. The State of Bihar

Patna HC10 Jan 2023CR. MISC./51005/2022

Case brief

AI extract

What is this about?

Hearing a petition for anticipatory bail, the Patna High Court granted bail subject to the petitioners surrendering and remaining present before the lower court. A bond of Rs. 20,000 each with sureties was ordered.

What did the court decide?

The petitioners were enlarged on bail by furnishing a bond of Rs. 20,000 each with two sureties of like amount, subject to conditions under Section 438(2) CrPC.

Md. Nashir Vs The State of Bihar — Anticipatory Bail | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.51005 of 2022

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Arising Out of PS. Case No.-39 Year-2022 Thana- TETERHAT District- Lakhisarai

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======================================================

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1. MD. NASHIR S/O BULAND AHMAD Resident of village- Gulani, P.S.Tetarhat, District- Lakhisarai.

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MD. YASHIR S/O BULAND AHMAD Resident of village- Gulani, P.S.Tetarhat, District- Lakhisarai.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Mukesh Kumar For the Opposite Party/s : Mr.Brajendra Nath Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER

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2 10-01-2023 Learned counsel for the petitioners is permitted to

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remove the defect(s), as pointed out by the office, if any, within a period of three weeks from today.

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Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

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The petitioners are apprehending their arrest in a case registered for the offences punishable u/s 447, 341, 323, 307 and 504 read with 34 of the Indian Penal Code.

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As per prosecution case, the petitioner and the coaccused person armed with lathi , danda and rod came and forbade the informant to encircle near the house with bamboo. When the informant objected, the petitioner and the co-accused

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Patna High Court CR. MISC. No.51005 of 2022(2) dt.10-01-2023 2/3

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persons started assaulting the informant with lathi and danda with intention to kill which caused injury on the head of the informant. When the informant's wife came to rescue, the petitioner and the co-accused person assaulted on the head of the informant's wife with rod and lathi causing head injury. When informant's daughter also came to rescue, she was assaulted with lathi , danda by the co-accused person causing injury on her head.

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Learned counsel for the petitioners has submitted that the petitioners have falsely been implicated in this case. The petitioners have no criminal antecedent as stated at para 3 of the bail petition. There is general and omnibus allegation against the petitioners. Learned counsel further submitted that there is no specific allegation against the petitioners.

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Learned A.P.P. for the State has vehemently opposed the prayer of anticipatory bail of the petitioners by submitting that the injured Amana Khatoon has sustained injuries on vital part of the body though injury No. 2 and 3 are grievous in nature whereas other injuries are simple in nature.

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Considering the aforesaid facts and circumstances of the case, let the above named petitioners, in the event of their arrest/surrender within a period of six weeks from today, be

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Patna High Court CR. MISC. No.51005 of 2022(2) dt.10-01-2023 3/3

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enlarged on anticipatory bail on furnishing bail-bond of Rs. 20,000/- (Rupees Twenty thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Lakhisarai in connection with Tetarhat P.S. Case No. 39 of 2022, subject to conditions as laid down under Section 438(2) of the Code of Criminal Procedure, with a condition:-

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The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

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This application stands allowed.

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(Chandra Prakash Singh, J)

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atul/-

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U T

Md. Nashir v. The State of Bihar

Case brief

What is this about?

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Md. Nashir v. The State of Bihar

Case brief

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