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Patna High CourtCR. MISC./29815/2017bail granted

Nasruddin @ Nesaruddin @ Mohd. Nisaruddin v. The State Of Bihar

2017-07-05Mr. Justice Shivaji Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29815 of 2017 Arising Out of PS.Case No. -59 Year- 2016 Thana -GOPALGANJ TOWN District- GOPALGANJ ====================================================== Nasruddin @ Nesaruddin @ Mohd. Nisaruddin, son of Abdul Rahim alias Md. Abdul Rahim, resident of Village- Darji Tola, Ghorasahan, Ward No. 6, Police Station- Ghorasahan, District- East Champaran (Motihari). .... .... Petitioner

Versus

The State of Bihar.

.... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Lokesh Kumar Singh For the Opposite Party/s : Mr. Sri Akbar Ali ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 05-07-2017 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking regular bail in connection with Sessions Trial No.1710 of 2016, arising out of Gopalganj Town P.S. Case No.59 of 2016, registered for the offences punishable under Sections 461 and 379 of the Indian Penal Code.

Earlier the petitioner has moved before this Court in Criminal Miscellaneous No.23740 of 2016 and this Court vide order dated 31.05.2016 rejected the bail of the petitioner with a liberty to renew his prayer for bail after completing nine months judicial custody.

Patna High Court Cr.Misc. No.29815 of 2017 (2) dt.05-07-2017 2/3 The petitioner is in jail 19.03.2016 and has no criminal antecedent.

Looking to the period of custody and the facts and circumstances of the case, let the petitioner-Nasruddin @ Nesaruddin @ Mohd. Nisaruddin be released on bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate-X, Gopalganj, in connection with Sessions Trial No.1710 of 2016, arising out of Gopalganj Town P.S. Case No.59 of 2016 subject to the conditions that:- (i) one of the bailors will be a close relative of the petitioner i.e. mother/father/wife/son of the petitioner;

(ii) if the petitioner is found involved in similar type of case in future, the prosecution will be at liberty to make prayer for cancellation of his bail and the Court below will pass necessary order, including cancellation of bail, (iii) that the petitioner would participate in the court proceeding and in the event of being absent on two consecutive dates without reasonable explanation, the court below will be at liberty to cancel the bail bonds of the petitioner and.

Patna High Court Cr.Misc. No.29815 of 2017 (2) dt.05-07-2017 3/3 (iv) that the petitioner shall report his presence to the Gopalganj Town Police Station at the interval of fifteen days.

(Shivaji Pandey, J) pawan/- U T