Md. Kasim @ Mojeeb v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48097 of 2017 Arising Out of PS.Case No. -588 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Md. Kasim @ Mojeeb Son of Md. Ulfat, Resident of Village-Noornagar, P.S.-Sanhaula, District-Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar Jha For the Opposite Party/s : Mr. Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 08-11-2017 Heard the parties.

The petitioner seeks regular bail in connection with Kotwali (Tilkamanjhi) P.S.Case No.588 of 2016 registered for offences punishable under Section 395 of the Indian Penal Code and Section 25(1-b)a and 27 of the Arms Act.

The petitioner is not named in the FIR and later on his name transpired during the course of investigation of the case. It also appears that he is accused in six other cases also. Submission of the learned counsel for the petitioner is that except confession, there is absolutely nothing against the petitioner and there is no recovery. So far criminal antecedent is concerned, in those cases he has been named on the basis of confession. The petitioner is on bail in all those cases. Further

Patna High Court Cr.Misc. No.48097 of 2017 (3) dt.08-11-2017 2/3 submission is that the petitioner is in custody for seven months. Heard learned A.P.P. also.

Having heard both sides and in view of facts and circumstances, as stated above, let the petitioner, above named, be enlarged on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Bhagalpur in connection with Kotwali (Tilkamanjhi) P.S.Case No.588 of 2016 corresponding to G.R.No.3696 of 2016(A).

With following conditions :

(i) One of the bailors of the petitioner shall be local person having sufficient immovable property within jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidences.

(iii) The petitioner shall co-operate in disposal of trial and make himself available as and when required by the court concerned and in the event of failure to appear before the court below on two consecutive dates without showing any genuine reasons, his bail bond shall be cancelled.

With the aforesaid observation, this application is allowed.

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

Patna High Court Cr.Misc. No.48097 of 2017 (3) dt.08-11-2017 3/3