Md. Nasim @ Munna v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.69736 of 2018 Arising Out of PS. Case No.-640 Year-2018 Thana- KHAGARIA District- Khagaria ====================================================== Md. Nasim @ Munna S/o Md. Ibrahim Resident of Village-Islampur,P.S. Muffasil,Distt.-Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Binod Kumar, Advocate For the Opposite Party/s :
Mr. Sri Tapeshwar Sharma (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 06-12-2018 Heard learned counsel for petitioner and learned counsel for the State.
Petitioner, who is in custody, seeks bail in connection with Khagaria (Muffasil) P.S. Case No. 640 of 2018 (G.R. No. 2602 of 2018) registered for the offences punishable under Sections 341, 323, 342, 386, 387, 120(B), 504, 379, 34 of the Indian Penal Code.
Informant in his written complaint has stated that his maternal brother-in-law Md. Raju called him in Khagaria Islampur and he had taken 30,000/- from Md. Mustaq to obtain some land documents but he could not obtain it nor he could refund his money and invested in business of land dealing thereafter it has been alleged that Md. Mustaq took him to a lonely place and abused and assaulted him and also snatched
Patna High Court Cr.Misc. No.69736 of 2018(2) dt.06-12-2018 2/3 away his documents, mobiles, money and demanded ransom of Rs. 50,000/-.
It has been submitted that petitioner is innocent and has been falsely implicated in this case. In the F.I.R. there is no allegation made against petitioner. The date of occurrence is 17.09.2018 but F.I.R. was lodged on 20.09.2018 after delay of three days without any explanation of delay. Petitioner has no criminal antecedent and he is in custody since 21.09.2018. Considering the aforesaid fact and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Khagaria, in connection with Khagaria (Mufassil) P.S. Case No. 640 of 2018 (G.R. No. 2602 of 2018) subject to conditions:
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by Court and his absence on two consecutive
Patna High Court Cr.Misc. No.69736 of 2018(2) dt.06-12-2018 3/3 dates without sufficient reasons, his bail bond shall be cancelled by the court below.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) Rajiv/Manoj U T