Nasir @ Mintu v. The State Of Bihar
Patna High Court Cr.Misc. No.25117 of 2016 (4) dt.13-07-2016
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25117 of 2016 Arising Out of PS.Case No. -57 Year- 2016 Thana -KHUSRUPUR District- PATNA ======================================================
1. Nasir @ Mintu Son of Abdul Hasan resident of village - Kopa Singhara, P.S. Dulhin Bazar, District - Patna at Present residing at village - Baikatpur, P.S. Khushroopur, District - Patna .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raghwanand -Advocate For the Opposite Party/s : Mr. Gopesh Kumar (APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE ADITYA KUMAR TRIVEDI ORAL ORDER 13-07-2016 Heard learned counsel for the petitioner as well as learned APP.
On getting confidential information that petitioner happens to be engaged in supplying SIM to the member of Maoist outfit, a raid was conducted in the shop of petitioner, during course of search, 30 pieces of activated SIM, one mobile set containing SIM Nos. 8936840068 and 7277281122 were seized. On interrogation, it has further been disclosed that the petitioner had confessed that the aforesaid items were supplied by one Vikku Kumar, another shopkeeper to sell, whereupon shop of Vikku Kumar, Nandini Communication was raided and during course thereof, Vikku Kumar managed to escape and he is still evading his presence and on search, as per seizure list, the relevant items were seized.
Patna High Court Cr.Misc. No.25117 of 2016 (4) dt.13-07-2016 Petitioner is under custody since 23.03.2016. From the case diary, it is evident that charge-sheet has already been submitted against him. Furthermore, during course of investigation the I.O. failed to collect the evidence that petitioner was responsible for selling SIM to antisocial elements. Accordingly, petitioner, Nasir @ Mintu is directed to 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 learned Sri Ashutosh Kumar Rai, Judicial Magistratre, 1st Class-Patna City in connection with Khushroopur PS Case No. 57/2016.
(Aditya Kumar Trivedi, J) perwez U T