Noor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49639 of 2021 Arising Out of PS. Case No.-122 Year-2016 Thana- RUNISAIDPUR District- Sitamarhi ====================================================== NOOR ALAM Son of Late Md. Satar Resident of Village- Ward No.13, Suhai, Prem Nagar Subhai, P.S.- Dumra, District- Sitamarhi, Bihar. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Preety Kunwar For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 05-07-2022 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends his arrest in connection with Runnisaidpur P.S. Case No.122 of 2016, registered for the offences punishable under Sections 302, 201 and 34 of the Indian Penal Code.

The petitioner and other co-accused persons are said to have killed the husband of the informant.

Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that there is general and omnibus allegation against the petitioner. There is no eye witness of the occurrence. It is further submitted that only on the basis of suspicion, the petitioner has been made accused in this case. It is also submitted that after investigation the police has submitted final form but the learned court below took cognizance against the

Patna High Court CR. MISC. No.49639 of 2021(3) dt.05-07-2022 2/2 petitioner. It is submitted that similarly situated co-accused persons have already been granted anticipatory bail by a coordinate Bench of this Court vide order dated 12.12.2019, passed in Cr. Misc. No.34093 of 2019. It is lastly submitted that the petitioner has got no criminal antecedent as stated in paragraph-3 of the bail application.

Learned APP for the State opposed the prayer for anticipatory bail of the petitioner.

Taking into consideration the fact that similarly situated other co-accused persons have already been enlarged on anticipatory bail by a co-ordinate Bench of this Court, let petitioner, above named, in the event of his arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge, Sitamarhi in connection with Runnisaidpur P.S. Case No.122 of 2016, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J.) Sanjay/- U T