Md. Nisar @ Seikh Pappu v. The State Of Bihar

Patna High Court Cr.Misc. No.64716 of 2018 (2) dt.26-10-2018

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.64716 of 2018 Arising Out of PS.Case No. -120 Year- 2018 Thana -BHAGALPUR GRP CASE DistrictBHAGALPUR ======================================================

1. Md. Nisar @ Seikh Pappu, Son of Late Sheikh Sabir, Resident of Village- Mahadeo Ganj Mluslim Tola, Ward No. 4, P.S.- Sahebganj Muffasil, District- Sahebganj (Jharkhand).

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Binay Kumar For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 26-10-2018 The petitioner seeks regular bail in connection with B.G.P. G.R.P Case No. 120 of 2018, registered for offences punishable under Sections 401 and 414 of the Indian Penal Code. Allegation as per F.I.R is of recovery of mobile phone, jewellery and other articles from the possession of petitioner, which is alleged to be stolen articles.

It has been submitted on behalf of the petitioner that he has falsely been made accused in this case only on the basis of suspicion and the recovered articles belonged to the petitioner. Moreover, no case has been lodged for the theft of the articles, which has been recovered from the possession of the petitioner. Petitioner has no criminal antecedent and has been in judicial custody since 09.06.2018.

Patna High Court Cr.Misc. No.64716 of 2018 (2) dt.26-10-2018 Heard learned A.P.P. also.

Having heard both sides, in view of the above facts, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five Thusand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Railway, Bhagalpur, in connection with B.G.P. G.R.P Case No. 120 of 2018, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) sunil/- U T