Patna High CourtCR. MISC./36201/2020bail granted

Md. Atabul v. The State Of Bihar

2021-02-26Mr. Justice Vikash Jain2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36201 of 2020 Arising Out of PS. Case No.-122 Year-2020 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga ====================================================== MD. ATABUL S/o Md. Siddique R/o village- Rupalpatti, P.S.- Baligaon, District- Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pawan Kumar Chaurasia, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 26-02-2021 Heard learned counsel for the petitioner and learned APP for the State. Learned counsel for the petitioner has filed an undertaking to remove all the defects pointed out by the Stamp Reporter as and when required. It is accordingly directed that all defects pointed out by the Stamp Reporter be removed within one month hereof.

2. The petitioner is in custody since 12.05.2020 in connection with L.N.M.U. P.S. Case No. 122 of 2020 for the alleged offences under Sections 399, 402 and 120(B) of the Indian Penal Code.

3. It is submitted that the petitioner has been falsely implicated merely on suspicion, except which there is no material to connect the petitioner with the alleged occurrence. It is submitted that the petitioner is a plumber and as such, recovery of a sharp knife and a mobile phone ought not to have been viewed with suspicion. It is submitted that similarly situated co-accused Imam Hussain has been granted bail by this Court in Cr. Misc. No.25407 of 2020 and Shiv Narayan Thakur

Patna High Court CR. MISC. No.36201 of 2020(3) dt.26-02-2021 2/2 has been granted bail by the learned court below. The petitioner claims clean antecedents.

4. Learned APP appears and has been heard.

5. Be that as it may and having regard to the period of custody already suffered since 12.05.2020, let the petitioner above named be released on bail on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Darbhanga in connection with L.N.M.U. P.S. Case No. 122 of 2020, if he is not otherwise required in any other case.

6. Office shall follow-up to ensure that all defects are removed and compliance with the notices of this Court are made by the petitioner within the stipulated time provided in para 1 hereinabove, failing which the matter shall be brought to the notice of this Court.

(Vikash Jain, J) HR/- U T