Md. Noor Alam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86642 of 2019 Arising Out of PS. Case No.-53 Year-2007 Thana- MATIHANI District- Begusarai ====================================================== MD. NOOR ALAM Son of Late Md. Samid Resident of Village - Saidpur, Police Station - Matihani in the district of Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prabhu Narayan Sharma, Advocate For the Opposite Party/s :

Mr. Chandra Sen Prasad Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 14-01-2020 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act.

Though the petitioner is named in the FIR, however, no overt act is alleged against him. Rather it is specifically stated that Md. Sajjad and Md. Noor Alam were fleeing along with pistol after causing firearm injury to Md. Abbu Daud. Since no overt act is alleged against the petitioner, who is aged about 82 years, and similarly situated other coaccused have already been allowed bail by different Coordinate Benches of this Court, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to

Patna High Court CR. MISC. No.86642 of 2019(2) dt.14-01-2020 2/2 the satisfaction of learned Court below where the case is pending in connection with Sessions Trial No. 23/19 and C.I.S. No. 743/18 arising out of Matihani Police Station Case No. 53 of 2007, subject to the following conditions:- (a) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the learned court below shall be at liberty to cancel the bail bond of the petitioner. (b) Both the bailors shall be resident of the territorial jurisdiction of the learned court below.

(c) The petitioner shall not leave the country without permission of the court.

(Birendra Kumar, J) Kundan/- U T