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Patna High CourtCR. MISC./18349/2020bail granted

Md. Nasir v. The State Of Bihar

2020-06-05Mr. Justice Mohit Kumar Shah3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18349 of 2020 Arising Out of PS. Case No.-670 Year-2018 Thana- KATIHAR District- Katihar ====================================================== MD. NASIR S/o- Late Samiruddin R/o- New Amirabad, P.S.- Katihar (M), District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mrs. Anita Kumari Singh Mr.Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 05-06-2020 The present petition has been taken up for consideration through the mode of Video conferencing in view of the prevailing lock-down on account of COVID 19 Pandemic, requiring social distancing.

Heard the learned counsel appearing for the petitioner and Mrs. Anita Kumari Singh, learned A.P.P. for the State. The petitioner seeks regular bail in connection with Katihar Nagar P.S. Case No. 670 of 2018 for the offence punishable under Sections 379, 411, 413, 414, 420, 467, 468, 471, 120B and 34 of the Indian Penal Code.

The case of the prosecution is regarding the petitioner being engaged in theft of motorcycles and upon interrogation

Patna High Court CR. MISC. No.18349 of 2020(2) dt.05-06-2020 2/3 by the Police, the petitioner is said to have disclosed that several motorcycles had been stolen by him and he was the gang leader of the gang engaged in theft of motorcycles. The learned counsel for the petitioner has submitted that the petitioner is innocent, he has been falsely implicated in the present case on account of him being accused in four other cases of similar nature and is languishing in custody since 17.09.2018. It is further submitted that the petitioner is ready to abide by such conditions as may be imposed by this Court for the purposes of grant of regular bail.

Per contra, the learned A.P.P. for the State has vehemently opposed the prayer for bail.

Having regard to the facts and circumstances of the case, considering the submissions made by the learned counsel for the petitioner and taking into account the period of incarceration of the petitioner herein, I deem it fit and proper to direct for release of the petitioner on regular bail upon the petitioner depositing a sum of Rs. 11,000/- with the Chief Minister Relief Fund, State of Bihar and producing receipt thereof as also upon furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.18349 of 2020(2) dt.05-06-2020 3/3 satisfaction of learned Chief Judicial Magistrate, Katihar in connection with Katihar Nagar P.S. Case No. 670 of 2018. (Mohit Kumar Shah, J) S.Sb/- U T