Nazir Alam @ Md. Nazir Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79320 of 2019 Arising Out of PS. Case No.-257 Year-2019 Thana- KISHANGANJ District- Kishanganj ====================================================== 1.

Nazir Alam @ Md. Nazir Alam Son of Hakimuddin Resident of Andhwakol, P.S.- Kishanganj, Distt - Kishanganj.

2.

Badal Singh @ Wadal Singh Son of Rameshwar Prasad Singh @ Rameshwar Prasad Resident of Village - Tuparhari, P.O. and P.S.- Kishanganj, Distt - Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prakash Chandra Jha For the Opposite Party/s :

Mr.Abhay Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-12-2019 Heard learned counsels for the petitioners and the State.

The petitioners are apprehending arrest in a case registered for the offences punishable under Sections 409 and 120B/34 of the IPC.

The prosecution case is that co-accused Er. Prashant Kumar, who was the site engineer at the construction site of the informant, misappropriated huge quantity of construction material. It is alleged that the petitioners were the security guard at the alleged construction site of the informant. It is submitted by learned counsel for the petitioners that the thrust of accusation is against Er. Prashant Kumar, who has

Patna High Court CR. MISC. No.79320 of 2019(2) dt.04-12-2019 2/2 been granted anticipatory bail by a Co-ordinate Bench of this Court vide order dated 03.09.2019 passed in Cr. Misc. No. 55772 of 2019. A statement has been made in paragraph no.3 of the petition that the petitioners are not having any criminal antecedent.

Learned APP submits that the petitioners are named in the FIR with specific accusation.

Considering the fact that thrust of accusation is against Er. Prashant Kumar who has been granted anticipatory bail by Co-ordinate Bench of this Court, coupled with the fact that the petitioners are not having any criminal antecedent, let the above named petitioners be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj in connection with Kishanganj P.S. Case No. 257 of 2019, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T