Patna High CourtCR. MISC./63636/2017bail granted

Md. Nasim v. The State Of Bihar

2018-02-21Mr. Justice Madhuresh Prasad2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63636 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -BUXAR RPF/POST District- BHOJPUR ====================================================== Md. Nasim, Son of Md. Faiyaz Ahamad, Resident of Village- Chook Bazar Dusadh Pada, P.S.- Sahebganj Town, District- Sahebganj (Jharkhand) .... .... Petitioner

Versus

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

For the Petitioner : Mr. Om Prakash Upadhyay, Advocate For the Opposite Party : Mr. Anil Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE MADHURESH PRASAD ORAL ORDER 21-02-2018 Heard counsel for the petitioner and the State. Petitioner is an accused in a case registered for offence under section 3 of the RP (UP) Act.

Counsel for the petitioner submits that the petitioner has falsely been implicated in this case as no such occurrence took place. Petitioner has no antecedent, there is no recovery from his possession and he is in custody since 17.7.2017 and similarly situated co-accused Mukesh Tanti, Saurabh Kumar and Md Naushad have already been granted bail vide order dated 9.11.2017, passed in Cr Misc No. 52044 of 2017. Considering the aforesaid submissions, prayer for bail of the petitioner is allowed. Let the petitioner, mentioned above, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of Buxar RPF Case No. 2 of 2017 from the court of the learned Magistrate Railway court, Bhojpur at Ara on the following conditions:- (a) One of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how

Patna High Court Cr.Misc. No.63636 of 2017 (3) dt.21-02-2018 he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner and (b) The Petitioner will be well represented on each date and if he fails to do so on two consecutive dates, his bail will be liable to be cancelled.

(Madhuresh Prasad, J) Shashi.

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