Dismissed¶19

Nadeem Ahmad @ Md. Nadim v. The State of Bihar

Anticipatory bail – Patna High Court

Patna HC24 Jul 2024CR. MISC./46573/2024

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Anticipatory bail rejected; Patna High Court, Criminal Miscellaneous No.46573 of 2024, decided 24-07-2024 by Anjani Kumar Sharan, J. Arising out of Hathua P.S. Case No.293 of 2023, District Gopalganj; offences u/s 341, 323, 325, 307/34 IPC; allegation of assault with iron rod on informant's head; injury grievous; case and counter-case; no criminal antecedent; application dismissed.

What did the court decide?

Considering the facts and circumstances and the nature of injury (stated by the State to be grievous), the court was not inclined to enlarge the petitioner on bail and rejected the prayer for anticipatory bail. ¶18

Nadeem Ahmad @ Md. Nadim Vs The State of Bihar — Patna HC (2024) — LawSathi Research

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.46573 of 2024

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Arising Out of PS. Case No.-293 Year-2023 Thana- HATHUA District- Gopalganj

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

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Nadeem Ahmad @ Md. Nadim Son of Tufani Ahmad R/O Vill.- Yado Pipra, P.S.- Hathua, Dist.- Gopalganj

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr.Vyas Kumar Mishra For the Opposite Party/s : Mr.Umeshanand Pandit ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER

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2 24-07-2024

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Heard learned counsel for the petitioner and learned APP

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for the State.

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Petitioner is apprehending his arrest in connection with Hathua P.S. Case No.293 of 2023, registered for the offence punishable u/s 341, 323, 325, 307/34 of the IPC.

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Allegation against the petitioner is of assaulting the informant by means of iron rod on his head.

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It is submitted by learned counsel for the petitioner that petitioner is quite innocent and has not committed any offence. He has been falsely implicated in this case due to ulterior motive. No such occurrence in the manner as alleged has ever taken place. There is case and counter-case between the parties and in the alleged occurrence, both sides have sustained injury. Petitioner has no criminal antecedent.

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Patna High Court CR. MISC. No.46573 of 2024(2) dt.24-07-2024 2/2

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Learned APP for the State opposed the prayer for bail by submitting that there is specific allegation against the petitioner and the injury of the injured was found grievous in nature.

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Considering the aforesaid facts and circumstances and the nature of injury, I am not inclined to enlarge the petitioner on bail. The prayer for grant of anticipatory bail on his behalf is hereby rejected.

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This application is accordingly dismissed.

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(Anjani Kumar Sharan, J)

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pallavi/-

Nadeem Ahmad @ Md. Nadim v. The State of Bihar

Case brief

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Nadeem Ahmad @ Md. Nadim v. The State of Bihar

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