Patna High CourtCR. MISC./44584/2017bail granted

Md. Jasim v. The State Of Bihar

2017-10-16Mr. Justice Vinod Kumar Sinha3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44584 of 2017 Arising Out of PS.Case No. -35 Year- 2017 Thana -NARPATGANJ District- ARRARIA ======================================================

1. Md. Jasim Son of Late Kamil Resident of village- Gokhalpur, P.S.- Narpatganj, Dist.- Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-10-2017 Heard the parties.

The petitioner seeks regular bail in connection with Narpatganj P.S.Case No.35 of 2017 registered for offences punishable under Sections 457 and 380 of the Indian Penal Code.

The petitioner is not named in the FIR and the case is under Sections 457 and 380 of the Indian Penal Code and later on his name transpired on the basis of confession of the coaccused persons. Submission of the learned counsel for the petitioner that he has been falsely implicated in this case, he is not named in the FIR and nothing has been recovered from his possession as well as except confession there is nothing against

him. The petitioner has no criminal antecedent and he is in custody since 1.7.2017.

Heard learned A.P.P. also.

Having heard both sides and in view of the 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 C.J.M., Araria in connection with Narpatganj P.S.Case No.35 of 2017. With following conditions :

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