Patna High CourtCR. MISC./62462/2017bail granted

Abid Alam v. The State Of Bihar

2018-01-31Justice Smt. Nilu Agrawal2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62462 of 2017 Arising Out of PS.Case No. -197 Year- 2017 Thana -RAHUI District- NALANDA (BIHARSHARIFF) ====================================================== Abid Alam S/o Ekbal Alam @ Mohd. Mehdi Hassan Khan @ Mohd. Mehdi Hassan Khan, R/o Village- Imadpur, P.S. - Bihar Sharif, District- Nalanda. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Nawal Kishore Singh, Adv. For the Opposite Party/s : Mr. Sri Indra Kumar Singh, APP. ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 31-01-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner is languishing in judicial custody since 20.07.2017 in connection with Rahui P.S. Case No. 197 of 2017 for offences punishable under Sections 363, 365 of the Indian Penal Code.

The prosecution case, as lodged by the informant, is that the petitioner was kidnapping his grand son Sonu Kumar but was caught by the villagers. His grand son had revealed that earlier also the petitioner along with 4-5 persons tried to abduct the informant's grand son.

It has been submitted by the learned counsel for the petitioner that he is innocent, bears no criminal history and no

Patna High Court Cr.Misc. No.62462 of 2017 (3) dt.31-01-2018 2/2 overt act as alleged has been committed by him. He submits that charge-sheet has already been submitted and there is no allegation of tampering of the prosecution witnesses by the petitioner. However, learned APP for the State opposes the prayer for bail.

Considering the facts and circumstances and the materials on record, let 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 Chief Judicial Magistrate, Bihar Sharif, Nalanda in connection with Rahui P.S. Case No. 197 of 2017, subject to the condition that one of the bailors would be a close relative of the petitioner, who will file an affidavit stating his relationship with the petitioner.

(Nilu Agrawal, J) Arjun/- U T