Md. Nisar Ahmad @ Md. Nisar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2609 of 2017 Arising Out of PS.Case No. -187 Year- 2016 Thana -BAUNSI District- BANKA ====================================================== Md. Nisar Ahmad @ Md. Nisar, Son of Md. Mahboob, Resident of Village-Chhoti Chihar Rajapur, P.S. Barahat, District-Banka .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Brij Nandad Prasad Mr. Anand Kishore For the Opposite Party/s : Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-03-2017 Heard the learned counsel for the petitioner as well as the learned A.P.P for the State.

The petitioner seeks bail in a case for the offences punishable under sections 419, 420, 467, 468, 471 and 120 (B) of the I.P.C Allegedly, the petitioner and co-accused were caught by the police when they were demanding Rs. 5,000/- from the each candidates, i.e. the informant and his friend Gulam Jani and earlier they have already taken Rs. 40,000/- and Rs. 30,000/- from their fathers. The police apprehended them and from their possession seal of C.R.P. name plate, key ring and other incriminating articles were recovered.

Patna High Court Cr.Misc. No.2609 of 2017 (3) dt.10-03-2017 2/2 Submission is of false implication and that nothing has been recovered from possession of the petitioner, he has been falsely implicated in this case, he has never stated to provide job in the C.R.P. to any one and as such the petitioner deserves sympathetic consideration.

The learned A.P.P. opposes prayer for bail of the petitioner.

In the facts and circumstances as stated above, considering the custody of the petitioner and further that charge sheet has already been submitted and as such the petitioner is directed to 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 Shri Mukesh Kumar, A.C.J.M. Banka in Bounsi P.S. Case No. 187 of 2016, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle the petitioner from privilege of bail.

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