Patna High CourtCR. MISC./55961/2018disposed

Nayim Nadaf @ Md. Nayim @ Md. Nayeem @ Md. Nayim Nadaf v. The State Of Bihar

2019-07-17Mr. Justice Vinod Kumar Sinha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55961 of 2018 Arising Out of PS. Case No.-57 Year-2015 Thana- ANDHRATHARHI District- Madhubani ====================================================== Nayim Nadaf @ Md. Nayim @ Md. Nayeem @ Md. Nayim Nadaf S/o Late Nathuni Nadaf, R/o Vill.- Kamlabari, P.S.- Jayanagar, District- Madhubani. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Gagan Deo Yadav For the Opposite Party/s :

Mr.Sri Narendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-07-2019 Heard the parties.

Earlier the prayer for bail of the petitioner was rejected by this Court, vide order dated 21.4.2017 passed in Cr. Misc. No.18114 of 2017 and the allegation against the petitioner is that he along with the other co-accused entered into the house of the informant and assaulted the grand father of the informant due to which he died.

Submission of the learned counsel for the petitioner is that the petitioner has been made accused only on the basis of confessional statement and he is in custody since 24.9.2016. Up till now the charge has not been framed. It has also been submitted that other co-accused persons have been granted privilege of anticipatory bail by a Co-ordinate Bench of this Court, vide order dated 31.1.2018 passed in Cr. Misc.

Patna High Court CR. MISC. No.55961 of 2018(6) dt.17-07-2019 2/2 No.5217 of 2018..

Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, I am not inclined to grant bail to the petitioner at this stage but once the charge has been framed, learned court below shall release the petitioner on bail to his own satisfaction in connection with Andratharhi P.S.Case No.57 of 2015 corresponding to G.R.No.803 of 2015 with condition to co-operate in disposal of the trial. With the aforesaid direction, this application is disposed of.

(Vinod Kumar Sinha, J) chn/- U T