Patna High CourtCR. MISC./49523/2017allowed

Md. Najim @ Md. Nazim v. The State Of Bihar

2017-10-18Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.49523 of 2017 Arising Out of PS.Case No. -165 Year- 2017 Thana -BARSOI District- KATIHAR ====================================================== Md. Najim @ Md. Nazim .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kumar For the Opposite Party/s : Mr. Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 18-10-2017 Heard learned counsel for the petitioner and the State. Petitioner is apprehending arrest in connection with Barsoi P.S. Case No. 165 of 2017 for an offence under sections 147, 148, 149, 341, 323, 506, 307, 302, 427 and 120B of the Indian Penal Code.

Allegation against this petitioner is that he is a man behind commission of crime.

Mr. Ajay Kumar appearing on behalf of the petitioner submits that there is no overt act alleged against this petitioner. He submits that similarly circumstanced other co-accused have been granted bail by this court in different criminal miscellaneous numbers. He has drawn attention to the order dated 3.10.2017 passed in Cr. Misc. No. 46334 of 2017 whereby Md. Maijrul was granted bail and in Cr. Misc. No. 40387 of 2017 vide order dated

Patna High Court Cr.Misc. No.49523 of 2017 (2) dt.18-10-2017 2/2 22.9.2017 Chiku Khatoon, Habiba @ Habba, Ashma, Lalo @ Lalu and Sabita Khatoon have been granted anticipatory bail and in Cr. Misc. No. 41328 of 2017 vide order dated 8.9.2017 has been granted anticipatory bail by this court.

Considering the fact that similarly circumstanced other co-accused have been granted bail, let the petitioners, named above, be released on bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Katihar, in connection with Barsoi P.S. Case No. 165 of 2017, subject to the condition as laid down under section 438(2) of the Cr.P.C.

(Anil Kumar Upadhyay, J) Ravi/- U T