Shahwaj Nizamin @ Shahwaj Nazmi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44583 of 2016 Arising Out of PS.Case No. -197 Year- 2016 Thana -KUDHNI District- MUZAFFARPUR ====================================================== Shahwaj Nizamin @ Shahwaj Nazmi S/o - Md. Mokhtar @ Mukhtarul Haque Vill. - Pookhraira, P.S. - Nanpur, Dist. - Sitamarhi. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Sanjay Parasmani, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE ORAL ORDER 2 06-10-2016 This is an application, made under Section 439 of the Code of Criminal Procedure, seeking bail for the accusedpetitioner, namely, Shahwaj Nizamin @ Shahwaj Nazmi, in connection with Kurhani Police Station Case No. 197 of 2016, under Sections 419/420/341/323/379/385/467/468/34 of the Indian Penal Code.

Perused the above application and materials on record.

Heard learned counsel for the petitioner and the State. In view of the fact that the accused above-named has been in custody since 09.07.2016 in connection with the case aforementioned and though charge sheet has been submitted and

Patna High Court Cr.Misc. No.44583 of 2016 (2) dt.06-10-2016 2 / 2 perusal of the materials available on record does not reveal such incriminating materials, which would warrant further detention of the accused-petitioner in custody, and in view also of the fact that the perusal of the materials does not reveal that the accusedpetitioner's liberty on bail would adversely affect his trial, it is, in the interest of justice, hereby directed that the accused abovenamed shall be released on bail of Rs. 10,000/- with two sureties, each of the like amount, subject to the satisfaction of Mr. Manish Pandey, learned Judicial Magistrate, 1st Class, Muzaffarpur, in connection with Kurhani Police Station Case No. 197 of 2016.

This direction for bail is further subject to the condition that the accused above-named shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence and shall appear, in the learned Court below, as may be directed.

In terms of the above observations and directions, this bail application shall stand disposed of. (I.A. Ansari,CJ) Mkr./- U T