Patna High CourtCR. MISC./26173/2020disposed

Md. Babul @ Babul Alam v. The State Of Bihar

2020-10-12Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26173 of 2020 Arising Out of PS. Case No.-107 Year-2019 Thana- BAUSI District- Purnia ====================================================== Md. Babul @ Babul Alam, aged about 33 years, Son of Abdul Khalique @ Khalid, Gender-Male, Resident of Village-Pichhala Usman Tola, P.S.- Kishanganj, District- Kishanganj.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Bijendra Kumar Singh, Advocate For the Opposite Party :

Mr. Navin Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 12-10-2020 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The petitioner is in custody in connection with Baisi P.S. Case No. 107 of 2019 for the offence under Section 394 of the Indian Penal Code.

Learned counsel appearing on behalf of the petitioner would submit that the petitioner has no criminal antecedent. It is further submitted that other similarly circumstanced co-accused persons have been granted bail by this Court vide order dated 27.09.2019 passed in Cr. Misc. No. 45110 of 2019. Petitioner is in custody since 14.02.2020.

Learned counsel appearing on behalf of the State would submit that it would not be appropriate to release the

Patna High Court CR. MISC. No.26173 of 2020(2) dt.12-10-2020 2/2 petitioner as his release may adversely affect conduct of the fair election.

Considering the fact that the petitioner is in custody since 14.02.2020 and other similarly circumstanced co-accused persons have been granted bail by this Court, the court of Chief Judicial Magistrate, Purnea is directed to release the petitioner on bail on appropriate terms and conditions after result of General Election in the State of Bihar is declared i.e. after 10th November, 2020.

With the aforesaid, the application stands disposed of. (Anil Kumar Upadhyay, J) BT/- U T