Md. Aslam @ Sk. Aslam Parwej @ Sheikh Aslam Parvej v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.61750 of 2018 Arising Out of PS.Case No. -143 Year- 2017 Thana -GOPALPUR District- GOPALGANJ ======================================================

1. Md. Aslam @ Sk. Aslam Parwej @ Sheikh Aslam Parvej S/o Haider Ali @ Late Haider Ali, R/o Vill. & P.S.- Gopalpur, District- Gopalganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kanhaiya Prasad Singh, Sr. Adv. Mr. Birendra Kumar Singh, Adv.

For the Opposite Party/s : Mr. Sri Shailendra Kumar -2, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 08-10-2018 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner apprehends his arrest in connection with Gopalpur P.S. Case No. 143 of 2017 for the office registered under Sections 341, 323, 324, 307, 504, 506 and 302/34 of the Indian Penal Code.

Learned Sr. counsel for the petitioner submits that so far as the present petitioner is concerned, it is alleged that he was the one, who had ordered the others to attack the deceased. It is further submitted that save and except the aforementioned allegation, there is no further allegation against him nor he is alleged to have attacked anyone. It is further submitted that the allegation of attack is against co-accused, Shaukat Ali. It is further

Patna High Court Cr.Misc. No.61750 of 2018 (2) dt.08-10-2018 2/2 submitted that similarly situated co-accused, persons, namely, Sadab Siddiqui and Sarbar Ali @ Sarwal Ali have been granted bail vide order dated 27.02.2018 & 28.03.2018 passed in Cr. Misc. No. 5690 of 2018 & 4561 of 2018.

Considering the aforesaid facts and circumstances of the case and that the persons, who had attacked has not been granted bail but others, who were named in the first information report, have been granted bail and the petitioner is said to have merely a order giver, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of four weeks from the date of receipt/production of a copy of this order, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Gopalganj in connection with Gopalpur P.S. Case No. 143 of 2017, subject to the condition as laid under Section 438(2) Cr.P.C.

(Anjana Mishra, J) Jagdish/- U T