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Patna High CourtCR. MISC./5243/2015bail granted

Nasibullah @ Md. Nasibullah v. The State Of Bihar Through The C.B.I.

2015-03-02Mr. Justice Hemant Kumar Srivastava2 pages

Patna High Court Cr.Misc. No.5243 of 2015 (3) dt.02-03-2015

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5243 of 2015 =====================================================

1. Nasibullah @ Md. Nasibullah S/O Late Abdula Banke Khan .... .... Petitioner/s

Versus

1. The State of Bihar through the C.B.I.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Prakash Kumar For the Opposite Party/s : Mr. Bipin Kumar Sinha (SC CBI) ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 02-03-2015 Heard learned counsel for the petitioner as well as learned counsel appearing for the C.B.I.

Petitioner is in jail custody since 06.11.2014 on the accusation that he took bribe of rupees six thousand from the allegation maker, namely, Md. Danish. Admittedly, the truck of Md. Danish had already been released and after that so-called amount was paid to the petitioner. No doubt, it is alleged that petitioner was caught red handed taking bribe but admittedly, the allegation maker use to ply his truck outside the jurisdiction of the petitioner. Moreover, the impugned order reveals that charge sheet has already been submitted and cognizance has also been taken.

Therefore, considering the aforesaid facts and circumstances as well as submissions of the parties, let the

Patna High Court Cr.Misc. No.5243 of 2015 (3) dt.02-03-2015 petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Special Judge, C.B.I.-III, Patna in connection with Special Case No. 10 of 2014 arising out of CBI/ACB RC 02320 14A 0022 dated 05.11.2014, subject to condition that he shall attend the trial court on each and every date in person for the period of nine months or till conclusion of his trial whichever is earlier and if he fails to do so on two consecutive dates without any genuine cause, the learned trial court shall be at liberty to cancel the bail bonds of the petitioner. (Hemant Kumar Srivastava, J) SHAHZAD/- U T