Md Kadir @ Kadir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8679 of 2021 Arising Out of PS. Case No.-175 Year-2020 Thana- KISHANGANJ District- Kishanganj ====================================================== MD KADIR @ KADIR ALAM Son of Md. Jahangir @ Jahangir Alam Resident of Village - Baluchuka, P.S. Gowalpokhar, District Uttar Dinajpur (West Bengal).

... ... Petitioner/s

Versus

THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Radha Mohan Singh For the Opposite Party/s :

Mr.A.G ====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 07-09-2021 Heard learned counsel for the petitioner and the State through virtual mode.

Learned counsel for the petitioner is directed to remove the defect(s), as pointed out by the office, within a period of four weeks after restoration of normalcy.

The petitioner is apprehending his arrest in Kishanganj P.S. Case No. 175 of 2020 registered for the offence under Sections 147, 148, 149, 341, 353, 332, 333, 393, 307, 506, 427 of the Indian Penal Code and 27 of the Arms Act.

Allegedly, the petitioner along with others attacked the police party who were apprehending co-accused Ghulam Mustafa. It has been submitted on behalf of the petitioner that there is no allegation of tampering of witnesses alleged against the petitioner. The petitioner has been falsely implicated in the present case.

Patna High Court CR. MISC. No.8679 of 2021(2) dt.07-09-2021 2/2 General and omnibus allegation has been made against the petitioner. No specific overt act is alleged against the petitioner. Altogether 10 known and 20-25 unknown persons have been made accused in the FIR.

On behalf of the State, it is submitted that the petitioner is named in the Complaint Case/F.I.R.

Considering the aforesaid facts and circumstances of the case, the petitioner, above named, in the event of arrest or surrender before the learned court below within a period of twelve weeks from today, be released on anticipatory bail on his personal bond to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. Case No. 175 of 2020 subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

Once the normalcy is restored, the petitioner shall furnish bail bonds of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each within a period of eight weeks to the satisfaction of the court concerned in connection with the aforesaid case.

(Sudhir Singh, J) A.K.V.//- U T