Nasim Nadaph @ Nasim Nadaf v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33716 of 2021 Arising Out of PS. Case No.-247 Year-2019 Thana- SITAMARHI District- Sitamarhi ====================================================== NASIM NADAPH @ NASIM NADAF Son of Late Shamim Nadaf @ Late Md. Sameem Nadaf Resident of Village - Husaina Pokhar @ Husna Pokar, P.S.- Sitamarhi, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Alok Kumar Alok, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 07-03-2022 Heard Mr. Alok Kumar Alok, learned counsel for the petitioner and Mr. Manoj Kumar, learned Additional Public Prosecutor for the State.

Petitioner seeks regular bail in connection with Sitamarhi PS Case No. 247/2019 registered for the offence punishable under Section 392 of the IPC.

As per First Information Report, three unknown miscreants accosted the informant and snatched his motorcycle, cash of Rs. 15,000/- and other articles.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR and he has falsely been implicated in this case on the basis of a confessional statement made by co-accused. Learned counsel further submits that no

Patna High Court CR. MISC. No.33716 of 2021(4) dt.07-03-2022 2/2 incriminating and or looted article has been recovered from the possession of the petitioner and the petitioner has not been put on TIP and despite this fact, he is in custody since 03.01.2020 i.e., for more than two years.

Regards being had to the submissions made by the parties and taking into consideration the material on record and the fact that petitioner is in custody for more than two years, no incriminating and or looted article has been recovered from the possession of the petitioner, he has been made accused on the basis of confessional statement of a co-accused, I am inclined to grant regular bail to the petitioner.

Accordingly, let the petitioner, NASIM NADAPH @ NASIM NADAF be released on bail on furnishing bail bond of Rs. 25,000/- (Twenty-five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate-I/C, Sitamarhi/ the court concerned in connection with Sitamarhi PS Case No. 247/2019.

(Anil Kumar Sinha, J) perwez U T