Md. Nanhey @ Nayyar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.77204 of 2018 Arising Out of PS. Case No.-71 Year-2018 Thana- PHULWARISHARIF District- Patna ====================================================== Md. Nanhey @ Nayyar, son of Md. Naushad, resident of Mohalla Kachahari Mohalla, P.S. Phulwarisharif, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ganesh Prasad Yadav, Advocate For the Opposite Party/s :

Mr. Jitendra Kumar Singh , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner and the State.

The petitioner seeks bail in connection with Phulwarisharif P.S. Case No. 71 of 2018 instituted for the offence under Section 414 of the Indian Penal Code, Sections 25(1-B)a, 26 and 35 of Arms Act.

It is alleged in the written report that one country made pistol and four live cartridges have been recovered from possession of the petitioner.

Petitioner is said to be in custody since 1.2.2018.

It is mentioned in paragraph-3 of the bail petition that 9 cases are pending against the petitioner. Keeping in view the period spent by the petitioner

Patna High Court Cr.Misc. No.77204 of 2018(2) dt.21-12-2018 2/2 in custody, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XV, Patna, in connection with Phulwarisharif P.S. Case No. 71 of 2018 subject to the condition that both the bailors will be the close relatives of the petitioner with further conditions which are as follows: (i) Petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court (ii) In absence on two consecutive dates without any valid reason, the bail bonds of the petitioner will be liable to be cancelled and (iii) if petitioner tampers with the evidence or the witnesses of the case, in that event, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(Sanjay Priya, J) S.Ali/R.RanjanU T