Md. Noor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22186 of 2020 Arising Out of PS. Case No.-662 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Md. Noor Alam Son of Md. Gaffar Resident of Village - Gadai Sarai, P.S. - Sadar Hajipur, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Umesh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 05-11-2020 This matter has been taken up through Video Conferencing.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offences punishable under Sections 147/148/149/447/ 341 /323 / 325/302/504/120B of the Indian Penal Code.

Allegation is of commission of assault with rod, butt of the rifle and pistol to the father of the informant as a result whereof he died.

Learned counsel for the petitioner submits that some other named co-accused have been allowed anticipatory bail by a coordinate Bench of this Court considering the fact that the doctor did not find any external injury on the person of the

Patna High Court CR. MISC. No.22186 of 2020(3) dt.05-11-2020 2/2 deceased and opinion regarding cause of death was reserved till report of chemical examination of the viscera. The petitioner is in custody since 02.03.2020. Investigation of the case is already complete. There is no allegation of tampering with the evidence. Considering the submission aforesaid, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Hajipur Sadar P.S. Case No.662 of 2019, with following conditions: (a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below.

(b) The petitioner shall fully cooperate with the trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner.

(c) The petitioner shall not leave the country without permission of the trial Court.

(Birendra Kumar, J) Mkr./- U T