Patna High CourtCR. MISC./489/2019allowed

Md. Nasir Mian @ Md. Nasir @ Nasir Mian v. The State Of Bihar

2019-02-05Mr. Justice Dr. Anil Kumar Upadhyay2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.489 of 2019 Arising Out of PS. Case No.-16 Year-2017 Thana- BIHARSHARIF RAIL P.S. District- Patna ====================================================== Md. Nasir Mian @ Md. Nasir @ Nasir Mian Son of Md. Sohrai Mian @ Md. Jamal Permanent Resident of Village-Bihta Alipur,P.S. Bakhtiarpur,Dist.- Patna whereas at present residing at Village-Kona Sarai,P.S. Laheri,Distt.- Nalanda ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Birendra Sharma For the Opposite Party/s :

Mr.Sri Rajeev Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 05-02-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

This is an application for grant of regular bail filed on behalf of the petitioner. Petitioner is in custody in connection with Bihar Sharif Rail PS Case No. 16 of 2017 for the alleged offence punishable under Sections 395/397/412 of the Indian Penal Code.

Learned counsel representing the petitioner submits that name of the petitioner was surfaced on the confessional statement of the co-accused. He further submits that similarly circumstanced other co-accused Banti Kumar and Sanni Kumar have been granted bail by co-ordinate Bench of this Court in Cr. Misc. Nos. 40201 of 2018 and 47909 of 2018 vide orders dated

Patna High Court Cr.Misc. No.489 of 2019(29) dt.05-02-2019 2/2 13.07.2018 and 27.07.2018, respectively. Another co-accused Nisha Khatoon has also been granted bail in Cr. Misc. No. 60650 of 2018 vide order dated 06.10.2018. Petitioner has remained in custody since 21.06.2018.

Considering the fact that petitioner has remained in custody since 21.06.2018 and other co-accused in the instant case have already been granted bail, this application is allowed. Accordingly, let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of ACJM, Railway Patna Junction in connection with Bihar Sharif Rail PS Case No. 16 of 2017.

(Anil Kumar Upadhyay, J) mrl./- U T