Md. Mokim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.56057 of 2019 In CRIMINAL MISCELLANEOUS No.40285 of 2019 Arising Out of PS. Case No.-791 Year-2017 Thana- KHAGARIA District- Khagaria ====================================================== MD. MOKIM Son of Md. Rafique Resident of Village - Kutubpur, P.S.- Khagaria (Muffasil), Dist.- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bishweshwar Ram For the Opposite Party/s :
Mr.Rita Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 04-09-2019 Petitioner has filed this application for modification of order dated 02.07.2019 passed in Cr.Misc. No. 40285 of 2019, stating that out of six petitioners, petitioner nos. 1, 2, 3, 4, and 6 were on police bail except petitioner no. 5 against whom final form was submitted and he was not sent up for trial, however, learned Magistrate took cognizance against the petitioner no. 5. Learned counsel, thus, submits that order dated 02.07.2019 be modified to the extent that petitioner no. 5 may be directed to be released on anticipatory bail.
In view of the fact that police after investigation did not submit charge sheet against the petitioner no. 5 and did not send him for trial, accordingly, let order dated 2.7.2019 be modified to the extent that petitioner no. 5, namely, Md. Mokim, be
Patna High Court CR. MISC. No.56057 of 2019(2) dt.04-09-2019 2/2 released on anticipatory bail, in the event of arrest or surrender before the court below within a period of four weeks from the date of receipt of a copy of this order, upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate, 1st Class, Khagaria in connection with Khagaria (Muffasil) P.S.Case No. 791 of 2017; subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) sujit/- U T