Aslam Alam @ Aslam Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3800 of 2021 Arising Out of PS. Case No.-120 Year-2020 Thana- SIDHWALIYA District- Gopalganj ====================================================== Aslam Alam @ Aslam Miya Son of Nabirsul Alam @ Nabirsul Miya Resident of Village - Bazar Khajuria, P.s.- Sidhwalia, Dist.- Gopalganj. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Raghav Prasad, Adv.

For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 30-07-2021 Heard learned counsel for the petitioner and learned APP for the State through virtual court proceedings. The petitioner seeks bail in a case registered for the offence punishable under Sections 341, 342, 307, 364, 34 of the Indian Penal Code.

The FIR alleges that from the field where the informant had gone for running, he has been taken away by the petitioner along with co-accused by putting him in a bag. At some distance, the bag has been abandoned. The informant thereafter has been recovered. There is allegation of assault by brick levelled against the petitioner.

Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He submits that similarly situated co-accused has been granted bail by a coordinate Bench of this Court in Cr. Misc.

Patna High Court CR. MISC. No.3800 of 2021(5) dt.30-07-2021 2/2 No. 4542 of 2021 on 14.07.2021. He further submits that petitioner bears no criminal antecedent and he is languishing in judicial custody since 15.06.2020.

Considering the facts and circumstances of the case and the fact that similarly situated co-accused has been granted bail, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (rupees twenty thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Sidhwalia P.S. Case No. 120 of 2020, subject to the conditions:

(1) that one of the bailors will be a close relative of the petitioner, who will give an affidavit giving genealogy as to who he is related with the petitioner. He will also undertake to inform the court if there is any change in the address of the petitioner.

(II) that the petitioner will be well represented on each and every date fixed in the case and if they fail to do so on two consecutive dates his bail bonds shall be liable to be cancelled. (Anjani Kumar Sharan, J) devendra/- U T