Md. Naim @ Md. Nayeem v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.27074 of 2019 Arising Out of PS. Case No.-540 Year-2017 Thana- KISHANGANJ District- Kishanganj ====================================================== MD. NAIM @ MD. NAYEEM, aged about 30 years, Male, S/o Abdul Karim R/o village Loha Kachhi, P.S.- Chakulia, District- Uttar Dinajpur (W.B.) ... ... Petitioner

Versus

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

For the Petitioner :

Mr.Diwakar Sinha, Advocate.

For the Opposite Party :

Mr.Yogendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH ORAL ORDER 25-04-2019 Heard learned counsel for the petitioner and learned A.P.P. for the State.

The petitioner is languishing in custody since 17.07.2018 in a case for the offence registered under Section 392 of the IPC.

The prosecution story, in brief, is that on 09.10.2017 at about 8.15 A.M., when the informant was going towards Lahra Chowk from Halimk Chowk on Bolero vehicle along with driver and other persons, when he reached just 500 yards away from the Halim Chowk, his vehicle was intercepted by Scorpio vehicle and at the same time, two persons came on Motorcycle and on the point of pistol the accused persons snatched his two bags containing about Rs. 52,000/-including papers of land and fled away.

Patna High Court CR. MISC. No.27074 of 2019(2) dt.25-04-2019 2/2 It has been submitted by learned counsel for the petitioner that the petitioner has falsely been implicated in the present case. Charge sheet has been submitted in the present case. There is no allegation of tampering with the witnesses alleged against the petitioner. The petitioner is not named in the F.I.R. His name has come on the basis of confessional statement of co-accused. There is no recovery of any incriminating article from possession of the petitioner. The petitioner has not been put on T.I. Parade.

On behalf of the learned counsel for the State, it has been submitted that the petitioner is not named in the F.I.R. Considering the aforesaid facts and circumstances, let the petitioner above named, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Magistrate, Kishanganj, in connection with Kishanganj P.S. Case No. 540 of 2017.

(Sudhir Singh, J) U.K./- U T