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Patna High CourtCR. MISC./17273/2019bail granted

Naushad @ Md. Naushad @ Md. Naushad v. The State Of Bihar

2019-03-26Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17273 of 2019 Arising Out of PS. Case No.-208 Year-2018 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Naushad @ Md. Naushad @ Md. Naushad, Son of Md. Nasim, R/o MohallaMaripur, Power House Chowk, P.S.- Kazimohammadpur, DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjay Kumar @ S.K.

For the Opposite Party/s :

Mr.Chandra Sen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 26-03-2019 Heard learned counsels for the petitioner and the State.

The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 420/34 of the IPC and Section 11 of the Public Gambling Act, 1867. The prosecution case is to the effect that seven accused persons were apprehended from a gambling centre when the apprehended co-accused persons disclosed the name of the petitioner as the organizer of the gamble.

It is submitted by learned counsel for the petitioner that petitioner was not apprehended from the spot. A statement has been made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent.

Patna High Court CR. MISC. No.17273 of 2019(2) dt.26-03-2019 2/2 Learned APP submits that the name of the petitioner sprang up on the confession of apprehended co-accused persons. Considering the fact that the petitioner was not apprehended from the spot, coupled with the statement made in paragraph no.3 of the petition that the petitioner is not having any criminal antecedent, let the above named petitioner be released on anticipatory bail in the event of arrest/surrender before the learned Court below within a period of twelve weeks from today, on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned ACJM-I, (East), Muzaffarpur in connection with Kazimohammadpur P.S. Case No. 208 of 2018, subject to the condition as laid down under Section 438(2) of the Cr. P.C.

(Dinesh Kumar Singh, J) Amrendra/- U T