Md. Nadim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26616 of 2017 Arising Out of PS.Case No. -412 Year- 2016 Thana -DALSINGHSARAI District- SAMASTIPUR ======================================================

1. Md. Nadim Son of Md. Naim, Resident of Village- Gudhari Bazar, Gopalganj, P.S.- Dalsinghsarai, District- Samastipur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjeet Kumar Tiwari For the Opposite Party/s : Mr. Md. Sufiyan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-06-2017 The petitioner seeks regular bail in connection with Dalsinghsarai P.S. Case No. 412/16, registered for offences punishable under Section 461 and 379 of the Indian Penal Code. Allegation against the petitioner that he along with other co-accused person of this case has committed theft in the shop of the informant.

It has been submitted on behalf of the petitioner has not been named in the F.I.R. Later on petitioner's name transpired in this case only on the basis of suspicion. Nothing has been recovered from the possession of the petitioner and uptil now he has not been put on T.I.P. and has been languishing in judicial custody for last five months.

Heard learned A.P.P. also.

Patna High Court Cr.Misc. No.26616 of 2017 (2) dt.21-06-2017 2/3 Having heard both sides, considering the facts and circumstances of the case, nature of allegation and the period of custody, let the petitioner above named, be released on bail on furnishing bail bonds of Rs. 25,000 (Rs. Twenty Five) with two sureties of the like amount each to the satisfaction of learned ACJM, Dalsinghsarai, Samastipur, in connection with Dalsinghsarai P.S. Case No. 412 of 2016, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

Patna High Court Cr.Misc. No.26616 of 2017 (2) dt.21-06-2017 3/3 It is also made clear that if the petitioner again found involved in any of such offence, in future, his bail bonds will be cancelled.

(Vinod Kumar Sinha, J) sunil/- U