Nasir Ahmad v. The State Of Bihar

Patna High Court Cr.Misc. No.55698 of 2016 (2) dt.10-01-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55698 of 2016 Arising Out of PS.Case No. -211 Year- 2016 Thana -KOCHADHAMAN District- KISANGANJ ====================================================== Nasir Ahmad, son of Late Shafi Ahmad, resident of Mohalla- Saudagarpatti, Post Office- Police Station and District- Kishanganj..... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Najmul Hoda For the Opposite Party/s : Mr. Sri Sanjay Kumar Tiwary ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA MOHAN SHARMA ORAL ORDER 10-01-2017 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner seeks bail in connection with Kochadhaman P.S. Case No. 211 of 2016 registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code. Allegedly, the petitioner was caught red handed when he has stolen the amount of Rs. 5200/- from the shop of the informant and besides the stolen amount other incriminating articles were also recovered from his possession.

Submission is of false implication and that the petitioner used to supply articles in the shop and has gone to demand the price of the articles but he was implicated by the informant falsely, resulting, he is suffering in custody since 30.09.2016. The motorcycle recovered is also of the petitioner. Learned APP opposes the prayer of bail.

Patna High Court Cr.Misc. No.55698 of 2016 (2) dt.10-01-2017 In the facts and circumstances stated above, considering the period of custody, the petitioner above named 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 Additional Chief Judicial Magistrate I, Kishanganj in connection with Kochadhaman P.S. Case No. 211 of 2016, 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 the petitioner from privilege of bail. (Jitendra Mohan Sharma, J) avin/- U T