Md. Vasim @ Vasim Miya v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24588 of 2018 Arising Out of PS.Case No. -341 Year- 2017 Thana -JAMUI District- JAMUI ======================================================

1. Md. Vasim @ Vasim Miya, Son of Md. Halim, Resident of VillageMahisauri, Police Station Jamui, District-Jamui, .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pankaj Kumar Sinha, Adv For the Opposite Party/s : Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 30-04-2018 In this application, the petitioner apprehends his arrest in connection with Jamui (Adarsh) P.S. Case No. 341 of 2017 for the offences punishable under Sections 147, 148, 149, 307, 153(A), 295(A), 298, 120(B) of the Indian Penal Code and Section 27 of the Arms Act.

In the written report there is allegation of firing against co-accused Sikander Khan, Moti Miyan and Md. Imran. Submission is of false implication and except that the petitioner is alleged to be member of un-lawful assembly, there is no other specific allegation for committing any overt act against the petitioner. Similarly situated co-accused Md. Saquib Jafar Mallick has been allowed pre-arrest bail vide order dated 6.4.2018 passed in Cri. Misc. No. 61983 of 2017 by another co-ordinate

Patna High Court Cr.Misc. No.24588 of 2018 (2) dt.30-04-2018 2/2 Bench of this Court and, as such, petitioner also deserves sympathetic consideration.

Learned APP fairly submits that the case of the petitioner is similar to that of co-accused.

Considering the facts and circumstances as stated above, the petitioner in case of his arrest or surrender within four weeks from the date of receipt or production of a copy of this order, shall be released on bail on execution of bail bond of Rs 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with Jamui ( Adarsh) P.S. Case No. 341 of 2017 subject to the conditions as laid down in Section 438(2) of the Cr.P.C..

(Jitendra Mohan Sharma, J) sushma/- U T