Md. Shamim @ Shamim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3903 of 2016 Arising Out of PS.Case No. -262 Year- 2015 Thana -ARARIA District- ARRARIA ====================================================== Md. Shamim @ Shamim Son of Md. Lukman, resident of Village - Sandallpur, P.S. - Araria, District - Araria. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kundan Kumar Singh, Advocate For the Opposite Party/s : Mr. Uma Nath Mishra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 17-03-2016 Heard the learned counsel for the petitioner and the learned A.P.P. representing the State.

The petitioner seeks bail in connection with Araria P.S. Case No. 262 of 2015 registered for the offences punishable under Sections 420, 467, 468 and 471 of the Indian Penal Code. Allegedly, the petitioner purchased SIM after forging the document and further from his possession, voter identity cards of different persons were recovered and the petitioner was apprehended in Araria P.S. Case No. 251 of 2015 registered under Section 394 of the Indian Panel Code.

Submission is of false implication and that the

Patna High Court Cr.Misc. No.3903 of 2016 (3) dt.17-03-2016 2/3 petitioner has been allowed bail in Araria P.S. Case No. 251 of 2015 vide order dated 17.02.2016 passed in Criminal Miscellaneous No. 577 of 2016 by another co-ordinate Bench of this Court and in this case, co-accused Rameez Reza @ Raja has been allowed bail vide order dated 19.08.2015 passed in Criminal Miscellaneous No. 32971 of 2015, and as such, the petitioner deserves sympathetic consideration as he is suffering in custody since 17.06.2015, to which the learned A.P.P. opposes by submitting that the petitioner was using SIM after obtaining the same to commit the crime and he has also got criminal antecedent.

In the facts and circumstances stated above, considering the detention of the petitioner, now, he is directed to be released on bail on execution of bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Learned Chief Judicial Magistrate, Araria in connection with Araria P.S. Case No. 262 of 2015, subject to the conditions that one of the bailors must be a near relative and another having sufficient immovable property within the territorial jurisdiction of the court concerned and the petitioner shall remain present on each and every date during trial and the default on two consecutive dates on his part without any reason shall disentitle

Patna High Court Cr.Misc. No.3903 of 2016 (3) dt.17-03-2016 3/3 the petitioner from privilege of bail.

(Jitendra Mohan Sharma, J.) ajaypd./- U T