Md. Mustakim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31644 of 2017 Arising Out of PS.Case No. -141 Year- 2015 Thana -KOTWALI District- MUNGER ====================================================== Md. Mustakim, son of late Md. Maznar Alam @ Alam, resident of Mohalla Naya Tola Minnat Nagar (Samsarpur), P.S. Kotwali, District Munger .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kumar Kamal Nayan, Advocate For the Opposite Party/s : Mr. Ramchandra Singh, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. NILU AGRAWAL ORAL ORDER 12-07-2017 Heard learned counsel for the petitioner and the learned A.P.P. for the State.
Petitioner is languishing in judicial custody since 24.03.2017 in connection with Kotwali P.S. Case No. 141 of 2015 registered for the offence punishable under Sections 393 and 307/34 of the Indian Penal Code and Section 27 of the Arms Act. The prosecution case, as lodged by the informant, is that while at 12:20 A.M. he was sitting in front of his house, six unknown persons resorted to snatching from the passerby including one Md. Hasim Bhai. When the informant raised alarm, those six persons resorted to indiscriminate firing, one of which hit the informant on his leg, but the miscreants managed to flee away. It has been submitted by the learned counsel for the
Patna High Court Cr.Misc. No.31644 of 2017 (2) dt.12-07-2017 2/3 petitioner that he is innocent, was in custody in connection with Kotwali P.S. Case No. 230 of 2015 and remanded in the present case. He further submits that he is not named in the First Information Report and just because he has a criminal antecedent, he has been falsely implicated. He submits that charge-sheet has already been submitted, hence, there is no chance of tampering with the prosecution evidence.
However, learned A.P.P. for the State opposes the prayer for bail.
Considering the facts and circumstances and the materials on record, let the petitioner above named be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. Ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger in connection with Kotwali P.S. Case No. 141 of 2015, subject to the condition that one of the bailors would be a close relative of the petitioner, who would file an affidavit stating his relationship with the petitioner and that the said bailor must have sufficient immovable properties within the territorial jurisdiction of the concerned P.S./ Court. Petitioner will also appear before the learned Court below on each and every date and failure to appear before the learned
Patna High Court Cr.Misc. No.31644 of 2017 (2) dt.12-07-2017 3/3 Court below on two consecutive dates without assigning any reason will entail cancellation of his bail bonds. (Nilu Agrawal, J.) Arjun/- U T