Patna High CourtCR. MISC./72921/2018bail granted

Kalam Nadaf @ Md. Kalam Nadaf v. The State Of Bihar

2018-12-18Mr. Justice S. Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.72921 of 2018 Arising Out of PS. Case No.-54 Year-2018 Thana- JALE District- Darbhanga ====================================================== Kalam Nadaf @ Md. Kalam Nadaf Son of Late Hasim Nadaf Resident of Village-Bhalahi,P.S. Bathnaha,Distt.-Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hans Lal Kumar For the Opposite Party/s :

Mr. Sri Shailendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 18-12-2018 Heard learned counsel for the parties.

Petitioner seeks bail in Jalley P.S. Case No. 54 of 2018 registered for the offence punishable under Sections 457 and 380 of the Indian Penal Code.

Informant has alleged that while they were sleeping some unknown thieves entered in his house and stolen cash of Rs. 2,00,000/-, gold ornaments and other household articles. It has been submitted on behalf of the petitioner that he is innocent and has been falsely implicated in this case. FIR is against unknown. Petitioner has been implicated in this case because one of the stolen mobile was being used by one of the family member of the petitioner. The said stolen mobile was used by his brother Nasim Naddaf. He is in custody since 12.07.2018.

Patna High Court Cr.Misc. No.72921 of 2018(3) dt.18-12-2018 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned I/C Additional Chief Judicial Magistrate-1, Darbhanga, in connection with Jalley P.S. Case No. 54 of 2018 with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) 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 his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the court below.

(3) 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. (S. Kumar, J) ranjan/manojU T