Md. Nasir Hussain @ Md. Nasir @ Piyaru v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48242 of 2019 Arising Out of PS. Case No.-32 Year-2019 Thana- KASBA District- Purnia ====================================================== Md. Nasir Hussain @ Md. Nasir @ Piyaru S/o Afaque Alam Resident of Village- Rahria Adhang, P.S.- Jalalgarh, Distt.- Purnea. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pramod Kumar Mallick For the Opposite Party/s :

Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 20-09-2019 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Kasba P.S. Case No. 32 of 2019, registered for the offences punishable under Section 392 of the Indian Penal Code.

On 14.02.2019 at about 7.00 pm, while the informant was going to his house from shop, 3 to 4 miscreants came there and forcibly stopped his motorcycle and snatched away his belongings.

It is submitted on behalf of the petitioner that petitioner is not named in the F.I.R. His name has come in this case on the basis of confession of co-accused Shahjahan. No incriminating article has been recovered from his possession. No test identification parade has been held. Chargesheet has already been submitted. Co-accused Shahjahan has been granted

Patna High Court CR. MISC. No.48242 of 2019(3) dt.20-09-2019 2/2 bail by the lower court itself.

Considering the facts aforesaid, the petitioner abovenamed, is directed to be enlarged on bail on furnishing 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, Purnea in connection with Kasba P.S. Case No. 32 of 2019 subject to following conditions:- (i) The petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.

(ii) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Prabhat Kumar Singh, J) vinita/- U T