Shekh Naimuddin @ Naimuddin @ Nemuddin @ Paikar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57510 of 2024 Arising Out of PS. Case No.-98 Year-2024 Thana- AAJAM NAGAR District- Katihar ====================================================== Shekh Naimuddin @ Naimuddin @ Nemuddin @ Paikar Son of Late Md. Pancho Resident of Vill- Narayanpur, P.S.- Manihasi, District- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar, Adv.

Mr.Rahul Singh, Adv.

For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-08-2024 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Azamnagar P.S. Case No. 98/2024 dated 09.03.2024 registered for the offence punishable u/s 395 of the Indian Penal Code, Section 27 of the Arms Act and 3 / 4 of the Explosive Substance Act.

3. As per the prosecution case, 20-25 unknown miscreants holding lethal weapons are alleged to have entered the house of the informant with deadly weapons and committed dacotiy of jewellery, cash, a mobile phone, DVR and other articles and fled away.

4. Learned counsel for the petitioner has submitted

Patna High Court CR. MISC. No.57510 of 2024(2) dt.27-08-2024 2/3 that the petitioner is innocent and has falsely been implicated in this case. Nothing has been recovered from the conscious possession of the petitioner. The petitioner is not named in the FIR. The name of the petitioner has sprung up in the confessional statement of the co-accused, Hiralal Rai. The coaccused person has already been granted regular bail by this court vide order dated 21.08.2024 passed in Cr. Misc. No. 57273 of 2024. The petitioner has nine criminal antecedents in which he is on bail as stated in para 3 of the bail petition. The petitioner is in custody since 01.04.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitionr.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Katihar in connection with Azamnagar P.S. Case No. 98/2024 with the condition :- (i) The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable

Patna High Court CR. MISC. No.57510 of 2024(2) dt.27-08-2024 3/3 cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T