Chhimmi @ Simmi @ Md. Tahmeed @ Chimmie @ Taswir v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43840 of 2018 Arising Out of PS. Case No.-254 Year-2017 Thana- PIRBAHOR District- Patna ====================================================== CHHIMMI @ SIMMI @ MD. TAHMEED @ CHIMMIE @ TASWIR, Son of Late Md. Kaish, Resident of Mohalla- Bakerganj, Muharrampur, P.S.- Pirbahor, District- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Manoj Kumar, Adv.

For the Opposite Party/s :

Mr. Pramod Kumar Pandey, APP 120 ====================================================== CORAM: HONOURABLE JUSTICE SMT. ANJANA MISHRA ORAL ORDER 31-07-2018 Heard learned counsel for the petitioner and the State. The petitioner is in custody since 16.10.2017 on remand in connection with the present case (Pirbahore P.S. Case No. 254 of 2017) registered under Sections 384, 586 and 34 of the Indian Penal Code and 27 of the Arms Act. Learned counsel for the petitioner submits that though the petitioner is named in the first information report along with three unknown persons, the petitioner has been falsely implicated in the present case as the informant had dispute with respect to parking of his fruit cart in front of the shop of the informant. It is, further, submitted that the present case regarding demand of rangdari is wholly fictitious and absurd and the bail application of the petitioner has been rejected by the

Patna High Court Cr.Misc. No.43840 of 2018(2) dt.31-07-2018 2/3 Court below in view of pendency of other criminal cases. It is submitted by the learned counsel for the petitioner that in all such cases the petitioner has also been extended the privilege of bail and the petitioner will abide by all the terms and conditions laid down by this Court.

Considering the aforementioned facts and circumstances that the is in custody for nine months, let the petitioner, named above, be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each in connection with Pirbahore P.S. Case No. 254 of 2017 to the satisfaction of the Chief Judicial Magistrate, Sadar, Patna, on the following conditions.

(1) One of the bailors will be his own blood relative, preferably father, mother, brother, sister of the petitioner.

(2) The petitioner shall not indulge himself in any similar offence till conclusion of the trial.

(3) The petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the learned Court concerned.

(4) The petitioner shall co-operate with the

Patna High Court Cr.Misc. No.43840 of 2018(2) dt.31-07-2018 3/3 investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (Anjana Mishra, J) Shamshad/- U T