Mithu Mian @ Md. Nayeem @ Mohammad Naim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20067 of 2020 Arising Out of PS. Case No.-38 Year-2018 Thana- SUGAULI RAIL P.S. District- West Champaran ====================================================== Mithu Mian @ Md. Nayeem @ Mohammad Naim, Son of Hefajat Mian @ Hafazat Mian Resident of Village - Saraiya (Lal Saraiya ), P.S.- Majhauliya, District- West Champaran.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Chandra Verma- Advocate For the Opposite Party/s :

Mr. Mohammed Arif- A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 14-07-2020 Heard learned counsel appearing for the petitioner as well as learned Additional Public Prosecutor appearing for the State through video conferencing.

Petitioner is in custody since 14.02.2020 and seeks bail in connection with Sagauli Rail P. S. Case No.38 of 2018 registered for the offences punishable under Sections 386, 420, 323/34 of the I.P.C.

The office has pointed out some defects to which learned counsel for the petitioner undertakes to remove the aforesaid defects when the Court starts physical functioning. Learned counsel for the petitioner submits that having more or less similar allegation, one co-accused Meraj Alam has

Patna High Court CR. MISC. No.20067 of 2020(2) dt.14-07-2020 2/2 already been granted privilege of bail by a Coordinate Bench of this Court vide order dated 20.12.2018 passed in Cr. Misc. No.69901 of 2018.

Petitioner does not have any criminal antecedent and the case of the petitioner is identical to the case of co-accused Meraj Alam.

Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Railway, Bettiah, West Champaran in connection with Sagauli P. S. Case No.38 of 2018.

However, learned counsel for the petitioner shall remove the defects, as pointed out by the office, within four weeks after functioning of physical Court, failing which the office shall put up this petition before the Bench under appropriate heading.

(Hemant Kumar Srivastava, J) vikash/- U T