Md. Kasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7312 of 2021 Arising Out of PS. Case No.-228 Year-2019 Thana- HAJIPUR SADAR District- Vaishali ====================================================== Md. Kasim Son of Late Md. Sadik Resident of Village - Gadai Sarai, P.S.- Sadar Hajipur, District - Vaishali.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Mahendra Pratap, Advocate For the Opposite Party/s :

Mr. Uma Shankar Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 09-12-2021 Heard learned counsel for the parties.

Let the defect(s), if any, be removed within four weeks after complete start of the physical Court. The petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307, 379 and 456 of the Indian Penal Code. The background of the present FIR is that the informant is one of the accused in the murder case of the mother of the petitioner vide Vaishali Sadar P.S. Case No. 359 of 2018 as well as an attempt to commit murder to the brother-in-law of the petitioner vide Hajipur Sadar P.S. Case No. 237 of 2019. Though allegation is of commission of assault at the head of the informant, however, in the background of allegation, the chances of concoction and over-implication cannot be ruled out. Hence, let the petitioner, above named, who has got

Patna High Court CR. MISC. No.7312 of 2021(3) dt.09-12-2021 2/2 no criminal antecedent, in the event of his arrest or surrender before the learned Court below within a period of thirty days from the date of receipt of the order, be released on anticipatory 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 in connection with Hajipur Sadar Police Station Case No. 228 of 2019, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure as well as subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the learned trial court.

(Birendra Kumar, J) Kundan/- U T