Nasim @ Md. Nasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27996 of 2024 Arising Out of PS. Case No.-10 Year-2024 Thana- NARPATGANJ District- Araria ====================================================== Nasim @ Md. Nasim Son of Saiyyad @ Shamim @ Md. Shamim Resident of Village- Pathraha, Ward No. 13, Police Station- Ghurna, Dist.- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Mukesh Kumar Rana, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 07-05-2024 Heard Mr.Mukesh Kumar Rana, learned counsel for the petitioner and Mr.Bhanu Pratap Singh, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending his arrest in connection with Narpatganj (Ghurna) P.S.Case No.10 of 2024, FIR dated 05.01.2024 registered for the offences punishable under Section 414 of the Indian Penal Code.

3. Allegation against the petitioner is that he worked to sell parts of stolen motorcycle and repairing work of motorcycle.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has falsely been implicated in the present case on the basis of the disclosure made by the local people and except the aforesaid no other

Patna High Court CR. MISC. No.27996 of 2024(2) dt.07-05-2024 2/3 material has come during investigation against the petitioner to suggest the involvement of the petitioner in the present occurrence.

5. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts, petitioner has clean antecedent and name of the petitioner has been transpired on the basis of the disclosure made by the local people, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, 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 learned Chief Judicial Magistrate, Araria in connection with Narpatganj (Ghurna) P.S.Case No.10 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and with other following conditions:- (I) 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 the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below.

Patna High Court CR. MISC. No.27996 of 2024(2) dt.07-05-2024 3/3 (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Nitesh/- U T