Niyamat @ Md. Niyamat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39258 of 2018 Arising Out of PS. Case No.-22 Year-2014 Thana- BAHADURGANJ District- Kishanganj ====================================================== Niyamat @ Md. Niyamat S/o Najmul Haque, R/o Vill.- Charaiya Baisi, P.S.- Baisi, District- Purnea.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ram Prawesh Kumar For the Opposite Party/s :

Mr. Sri Humayou Ahmad Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 25-08-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner seeks bail in Bahadurganj P.S. Case No. 22 of 2014 registered for the offence punishable under Sections 395 and 397 of the Indian Penal Code.

Allegation against the petitioner is of using stolen mobile which was looted in a dacoity committed in the house of the informant.

It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. It has been further submitted that petitioner is only the purchaser of said mobile. Similarly, situated co-accused persons have been granted bail by co-ordinate benches of this Court vide orders dated 13.01.2016 in Criminal Miscellaneous No. 47728 of 2015

Patna High Court Cr.Misc. No.39258 of 2018(3) dt.25-08-2018 2/2 and dated 29.06.2016 in Criminal Miscellaneous No. 21061 of 2016. Petitioner has got no criminal antecedent and is in custody since 20.03.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj, in connection with Bahadurganj P.S. Case No. 22 of 2014.

(S. Kumar, J) ranjan/- U