Md Sahid v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9070 of 2022 Arising Out of PS. Case No.-17 Year-2021 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Md Sahid Son of Md. Faizu Rab Resident of Village- Wazidpur, P.S.- Mahnar, District- Vaishali.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Mukesh Kumar No1 For the Opposite Party/s :

Mr. H.A. Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 02-03-2022 Heard learned counsel for the parties.

The petitioner seeks bail in a case registered for the offence punishable under Sections 420/120 of the Indian Penal Code and Section 3⁄4 of the Bihar Examination Act, 2010. Vide order dated 03.01.2022 passed in Cr. Misc. No. 30119 of 2021, prayer for anticipatory bail of the petitioner was dismissed as withdrawn as the sole petitioner has been arrested during pendency of this case.

Learned counsel for the petitioner submits that due to misunderstanding with respect to the almost similar name of other co-accused person whose anticipatory bail was pending and had to be withdrawn but learned counsel had withdrawn the anticipatory bail of the present petitioner. He submits that there is no fault on the part of the petitioner or his pairvikar rather said fault is on the part of the counsel for the petitioner which

Patna High Court CR. MISC. No.9070 of 2022(2) dt.02-03-2022 2/2 has not been done deliberately rather due to some confusion. He submits that similarly situated co-accused has already been granted bail. He further submits that petitioner has no criminal antecedent as stated in para-3 of the bail application. Considering the facts and circumstances of the case, petitioner is directed to surrender before the learned court below within a period of six weeks from today and prays for regular bail, the same shall be considered by the learned court below on the same day without being prejudiced by this order. Accordingly, the application is dismissed.

(Anjani Kumar Sharan, J) devendra/- U T