Nurshad @ Don v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48591 of 2016 Arising Out of PS.Case No. -150 Year- 2015 Thana -KOCHADHAMAN District- KISANGANJ ====================================================== Nurshad @ Don, S/o- Matiur Rahman, Village- Puthamari Sagir P.S.- Kochdhaman, District- Kishanganj.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha Mr. Diwakar Sinha For the Opposite Party/s : Mr. Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 02-03-2017 Heard the parties.
This application has been filed in connection with Kochdhaman P.S. Case No.150 of 2015 for the offence under Section 395 of the Indian Penal Code.
It is submitted on behalf of the petitioner that he is in custody since 4.3.2016 and except the confessional statement of the co-accused, in which his names transpires, there is nothing against the petitioner. There is no recovery from the possession of the petitioner and no T.I.P. He has clean antecedent Heard learned A.P.P. also, who could not controvert the above facts.
Having heard both sides. In view of the above submission, let the petitioner, above named, be enlarged on bail on furnishing
Patna High Court Cr.Misc. No.48591 of 2016 (4) dt.02-03-2017 2/2 bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Kishanganj in connection with Kochadhaman P.S.Case No.150 of 2015 .
With 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 co-operate 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.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U