Ashif Raj v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.50166 of 2016 Arising Out of PS.Case No. -75 Year- 2016 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ashif Raj S/o Tufail@Tufail Ahmad Resident of Village Sirsiya Kala, P.S. Adapur, District East Champaran.
.... .... Petitioner
Versus
The State of Bihar .... .... Opposite Party ====================================================== Appearance :
For the Petitioner : Mr. Sunil Kumar No.III, Advocate For the Opposite Party : Mr. Matloob Rab, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 23-11-2016 Heard the learned counsel for the petitioner and learned APP for the State.
Petitioner is languishing in judicial custody since 05.05.2016 in connection with Raxaul P.S.Case No.75 of 2016 for offences alleged under Sections 489(A), 489(B), 489(C) and 489(D)/34 of the IPC.
The gist of the prosecution case is that a raid was conducted at the house of co-acccused Noor Nesha and after search of her house at 5.30 A.M. both petitioners/accused along with co-accused Noor Nesha were apprehended while sleeping on the bed in the room and after search of the said bed in presence of the witnesses, Rs.50,000/- of fake currency notes were found. Mobiles were also found from each of three persons followed with
Patna High Court Cr.Misc. No.50166 of 2016 (2) dt.23-11-2016 2/3 seizure list.
It has been submitted by the learned counsel for the petitioner that the petitioner is in custody since 05.05.2016 and chargesheet has been submitted. It is further submitted that another accused for similar allegation has been granted the privilege of bail by a Coordinate Bench of this Court in Cr.Misc.No.45171 of 2016 on 18.10.2016 However, learned APP for the State submits that the petitioner is named in the FIR, hence opposes the prayer for bail. Be that as it may, since another co-accused on similar allegations has since been granted bail, let the above named petitioner 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 SDJM, Raxaul at Motihari, East Champaran in connection with Raxaul P.S.Case No.75 of 2016.
This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be
Patna High Court Cr.Misc. No.50166 of 2016 (2) dt.23-11-2016 3/3 directed.
In terms of the above observations and directions, this bail application stand allowed.
(Nilu Agrawal, J) B.Kr./- U T