Nabbir @ Md. NabbirversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74426 of 2025
                       Arising Out of PS. Case No.-88 Year-2025 Thana- AMDABAD District- Katihar
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                 Nabbir @ Md. Nabbir S/o- Md. Kabil @ Sk. Kabil R/v- Paharpur Pani Kamla
                 Ps- Amdabad Dist- Katihar

                                                                                    ... ... Petitioner
                                                       Versus
                 The State of Bihar

                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. N.K. Agarwal, Sr. Advocate
                                          :       Mr Nafisu Zzoha, Advocate
                                          :       Mr. Raghib Alam, Advocate
                                          :       Mr. Nafisu Zzoha, Advocate
                 For the Opposite Party/s :       Mr. Dilip Kumar No. 1, A.P.P.
                 For the Informant        :       Mr. Sanjeev Kumar Singh, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

5   19-03-2026                          Heard Mr. N.K. Agarwal, learned Senior Counsel

                   for the petitioner, Mr. Sanjeev Kumar Singh, learned counsel for

                   the informant and Mr. Dilip Kumar No. 1, learned Additional

                   Public Prosecutor for the State.

                                2. Petitioner seeks bail who is in custody since

                   26.04.2025 in connection with Amdabad P.S. Case No. 88 of

                   2025 for the offences punishable under Sections 126(2), 115(2),

                   118(1), 109, 125(b) and 351(2)(3) of BNS.

                                3. The prosecution story, in brief, is that on 10.04.2025

                   at around 12.00 hours the informant namely Sk. Javed was

                   coming from a marriage ceremony to Amdabad. When he

                   reached near "Nayyar Cloth Shop" at Paharpur Bandh, the
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          petitioner / accused running a poultry shop, stopped him and

          demanded his motorcycle for 10 minutes. On refusal, the

          petitioner snatched the key of the motorcycle. On altercation,

          the petitioner brought out a knife from his shop and gave a knife

          blow on the neck of petitioner with the intention to kill him

          causing severe injury. The informant fell down, and the

          petitioner / accused again gave a knife blow on his abdomen.

          Hearing the commotion, the villagers rushed towards the spot

          but the petitioner fled away. It is stated that the petitioner /

          accused had earlier also attempted to kill informant one year

          back. The informant was taken to Katihar Sadar Hospital

          Katihar where he received 14 stitches in his neck and three in

          his abdomen, and the doctor advised an operation.

                      4. Learned counsel for the petitioner submits that the

          petitioner has clean antecedent however, there is specific

          allegation against the petitioner in the FIR that he has assaulted

          the informant but from perusal and background of the FIR it

          appears that due to petty dispute the present occurrence took

          place and there is no intention on the part of the petitioner to kill

          anyone although the injury inflicted upon the informant is

          grievous in nature and the police after investigation submitted

          charge-sheet against the petitioner.
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                      5. The learned Additional Public Prosecutor and

          learned counsel for the informant, on the other hand, have

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          and the fact that petitioner is a person with clean antecedent and

          the period of custody, let the petitioner, above named, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned Principal District and Sessions Judge,

          Katihar in connection with Amdabad P.S. Case No. 88 of 2025,

          subject to the following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be canceled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to

          move for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage it is found that the petitioner has concealed his
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                     criminal antecedent, the court below shall take step for

                     cancellation of bail bond of the petitioner. However, the

                     acceptance of bail bonds in terms of the above-mentioned order

                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T