Naushad Alam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26032 of 2017 Arising Out of PS.Case No. -1 Year- 2017 Thana -SIWAN GRP CASE District- SIWAN ======================================================
1. Naushad Alam Son of Noor Mohammad, resident of Village- Sik Tolwa, (Bhojpurwa), P.S.- Majhagarh, District- Gopalganj. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s : Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 25-07-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 06.01.2017 in connection with Rail Siwan (Thawe) P.S. Case No. 01 of 2017 in N.D.P.S. Tr. Case No. 92 of 2017 for offences punishable under Sections 328, 307, 379, 411 and 34 of the Indian Penal Code and under Sections 20/22 of the N.D.P.S. Act.
The prosecution case as lodged by the informant is that while he boarded a train at Sipara Station some passengers gave him bhujia to eat, resultantly he became unconscious and the accused persons stole money and his belongings. The next day while returning he was waiting in waiting room, the informant found the same person (petitioner) sitting, on which he informed the Rail police. On search stolen articles of the informant was found in the possession of the
Patna High Court Cr.Misc. No.26032 of 2017 (3) dt.25-07-2017 2/3 petitioner.
It has been submitted by the learned counsel for the petitioner that he is innocent, has no criminal antecedent and has been falsely implicated in this case. It is further submitted that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.
However, learned APP for the State submits that the petitioner is named in the FIR and was caught red-handed with drugs and stolen articles, hence, vehemently opposes the prayer for bail. Considering the facts and circumstances of the case and the materials on record, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 1st Additional District and Sessions Judge, Siwan in connection with Rail Siwan (Thawe) P.S. Case No. 01 of 2017 in N.D.P.S. Tr. Case No. 92 of 2017, subject to the condition that one of the bailers would be a close relative of the petitioner, who would have sufficient immovable property within the jurisdiction of the concerned police station, who will file an affidavit stating his relationship with the petitioner and that petitioner will appear before the learned court below during trial as and when required and failure to appear on two consecutive dates without assigning any reason will entail cancellation of his
Patna High Court Cr.Misc. No.26032 of 2017 (3) dt.25-07-2017 3/3 bail bonds and further if the petitioner indulges in an offence of similar nature in future, the prosecution will be at liberty to move the learned court below for cancellation of his bail bond. (Nilu Agrawal, J) khushbu/- U T