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Patna High CourtCR. MISC./12781/2017bail granted

Akbar Ali v. The State Of Bihar

2017-03-29Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12781 of 2017 Arising Out of PS.Case No. -109 Year- 2016 Thana -SAMASTIPUR GRP CASE DistrictSAMASTIPUR ======================================================

1. Akbar Ali, son of Shekh Halim @ Shekh Hatim, resident of VillageRajpur, P.S- Gour, District- Rothat (Nepal) .... Petitioner

Versus

1. The State of Bihar .... Opposite Party ====================================================== Appearance :

For the Petitioner : Mr. Manish Kumar No 13, Adv. For the Opposite Party : Mr. Chandra Bhushan Prasad, APP 92 ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 29-03-2017 Heard the learned counsel for the petitioner and the State.

This is a petition for grant of regular bail for offences under Sections 370, 374 and 177/34 of the Indian Penal Code and 79 of the Juvenile Justice (Care and Protection of Children) Act.

It appears that co-accused, Sanjit Baitha, has already been allowed bail by the Court of learned Additional District Judge, VI, Samastipur, in B.P. No. 26 of 2017 in connection with G.R.P.S. Case No. 109 of 2016. The petitioner, who claims to having similar allegation to that of Sanjit Baitha, has been refused bail by the learned Additional District Judge, VI, Samastipur, in B.P. No. 73 of 2017, which is under challenge in this application.

Considering the aforesaid fact, the petitioner, above named, is directed to be released on bail on

Patna High Court Cr.Misc. No.12781 of 2017 (3) dt.29-03-2017 2/2 furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with DBG/SMI/GRP P.S. Case No. 109 of 2016 to the satisfaction of the Additional Chief Judicial Magistrate, Rail, Samastipur, or successor Court.

However, the District Judge, Samastipur, is directed to ensure that cases arising out of same case may not go to different Courts and conflicting orders be passed.

(Birendra Kumar, J) SA/- U √ T √