Md. Nasiruddin @ Md. Nasruddin Ansari @ Chunna v. The State Of Bihar
Patna High Court Cr.Misc. No.51540 of 2017 (3) dt.12-12-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51540 of 2017 Arising Out of PS.Case No. -215 Year- 2014 Thana -BRAHMPURA District- MUZAFFARPUR ======================================================
1. Md. Nasiruddin @ Md. Nasruddin Ansari @ Chunna S/o Md. Jainul Aabedin, R/o Bathnadih, P.S.- Karja, District- Muzaffarpur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Parasmani, Adv. For the Opposite Party/s : Mr. Smt Renu Kumari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SRIVASTAVA ORAL ORDER 12-12-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Brahampura Police Station Case No. 215 of 2014, disclosing offences under Sections 365/34 of the Indian Penal Code.
Learned counsel for the petitioners has submitted that the petitioner, who is of clean antecedent, is innocent and has not committed any offence. In fact, the petitioner has been made accused in this case merely on the basis of suspicion, which is evident from the F.I.R. itself and except suspicion, no cogent material has come against the petitioner during course of investigation. Moreover, the co-accused, Kabir Ahmad @ Bade,
Patna High Court Cr.Misc. No.51540 of 2017 (3) dt.12-12-2017 having more of less similar allegation, has already been granted anticipatory bail by a co-ordinate Bench of this Court in Cr. Misc. No. 28909 of 2017. Hence, the petitioner deserves the privilege of anticipatory bail.
Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the Court below within six weeks, 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, Muzaffarpur, in connection with Brahampura Police Station Case No. 215 of 2014, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Arvind Srivastava, J) brajesh/- U T