MD. NIJAM @ NIJAMversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29684 of 2026
                      Arising Out of PS. Case No.-84 Year-2021 Thana- SABAUR District- Bhagalpur
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                 MD. NIJAM @ NIJAM S/o- Vajit Sekh @ Md. Vajit R/v- Near Masjid
                 Muslim Tola Sabaur Ps- Sabaur Dist- Bhagalpur

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rahul Kumar Singh
                 For the Opposite Party/s :       Mr. Sanjay Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   09-07-2026                    Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioner is apprehending his arrest in

                   connection with Sabaur P.S. Case No. 84 of 2021 for the

                   offences punishable under Sections 302, 120(B) of the I.P.C and

                   Section 27 of the Arms Act.

                                3. The prosecution case in brief is that the informant

                   gave a written report to the local police on 26.03.2021 at 2:15

                   Ρ.Μ. alleging therein that ten (10) persons including the

                   petitioner came to the place of occurrence and shot the deceased

                   resulting in his death. The informant and others rushed to the

                   Victim who was lying on the road.

                                4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been
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          implicated in the present case. Learned counsel for the petitioner

          submits that police after investigation has submitted final form

          in favour of the petitioner, thereafter, the learned trial Court in a

          mechanical manner has taken cognizance vide order dated

          23.06.2022 against the petitioner and issued summons to the

          petitioner for appearance (Annexure 2). Learned counsel for the

          petitioner further submits that co-accused persons, namely, Md.

          Khursid, Shahzada @ Md. Shahzada and Md. Sejam have been

          granted the privilege of anticipatory bail vide order dated

          12.02.2025 passed in Cr. Miscellaneous No. 73343 of 2024,

          75232 of 2024 and 86123 of 2024 respectively by a Co-ordinate

          Bench of this Court.

                        5. The learned Additional Public Prosecutor for the

          State has vehemently opposed the prayer for bail of the

          petitioner.

                        6. Considering the aforesaid facts and circumstances

          and the fact that police after investigation has submitted final

          form in favour of the petitioner and learned trial Court in a

          mechanical manner has taken cognizance against the petitioner

          and similarly situated co-accused persons have been granted the

          privilege of anticipatory bail            by Co-ordinate Bench of this

          Court, let the petitioner, above named, in the event of arrest or
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          surrender before the court below within a period of thirty days

          from the date of receipt of the order, be released on bail on

          furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the learned

          Chief Judicial Magistrate, Bhagalpur in connection with Sabour

          P.S. Case No. 84 of 2021, subject to the conditions as laid down

          under Section 438(2) of the Code of Criminal Procedure and

          with other following conditions:-

                       i. Petitioner shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the court

          and shall remain physically present as directed by the court and

          on his absence on two consecutive dates without sufficient

          reason, his bail bond shall be cancelled by the Court below.

                       ii. If the petitioner tampers with the evidence or the

          witnesses, in that case, the prosecution will be at liberty to move

          for cancellation of bail.

                       iii. And further condition that the court below shall

          verify the criminal antecedent of the petitioner and in case at

          any stage it is found that the petitioner has concealed his

          criminal antecedent, the court below shall take step for

          cancellation of bail bond of the petitioner. However, the

          acceptance of bail bonds in terms of the above-mentioned order
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                     shall not be delayed for purpose of or in the name of

                     verification.



                                            (Rajesh Kumar Verma, J)
Gaurav Sinha/-

U      T