Md. Kazim Husain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53173 of 2018 Arising Out of PS.Case No. -351 Year- 2017 Thana -KOTWALI District- MUNGER ====================================================== Md. Kazim Husain S/o late Md. Tazim Hussain R/o Mohalla- Dolwarpur, P.S. Kotwali, District- Munger.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Md. Harun Quareshi For the Opposite Party/s : Mr.

====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 2.

08-10-2018 Heard learned counsel for the petitioner. No one appears on behalf of the State.

The petitioner is seeking anticipatory bail in connection with Kotwali (Purabsarai) P.S. Case No. 351 of 2017 registered under Sections 641, 379, 120(B) of the Indian Penal Code.

Learned counsel for the petitioner submits that it is a case of civil dispute as the petitioner having some sort of rent agreement whereunder he is in possession of the portion of the property in question. It is further submitted that Md. Naushad against whom there is an allegation that he was leading, and other persons have been granted privilege of anticipatory bail by the learned Sessions Judge, Munger in A.B.A. No. 151 of 2018. It is also submitted that this

Patna High Court Cr.Misc. No.53173 of 2018 (2) dt.08-10-2018 petitioner has no criminal antecedent.

No one appears on behalf of the State to oppose this application.

Considering the facts and circumstances of the case, in the event of his arrest/surrender before the court below within four weeks, let the above-named petitioner be enlarged on bail on furnishing bail bonds of Rs. 15,000/- (fifteen thousand only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Munger, in connection with Kotwali (Purabsarai) P.S. Case No. 351 of 2017, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure. (Rajeev Ranjan Prasad, J) Rajeev/- U T