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Patna High CourtCR. MISC./24630/2018bail granted

Nasim v. The State Of Bihar

2018-05-18Mr. Justice Sanjay Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.24611 of 2018 Arising Out of P.S.Case No. -376 Year- 2017 Thana -JOKIHAT District- ARRARIA ====================================================== Jahangir, Son of Sarfudin, resident of Village- Dalmalpur, P.S.- Amour, District- Purnea.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== with Criminal Miscellaneous No.24630 of 2018 Arising Out of P.S.Case No. -376 Year- 2017 Thana -JOKIHAT District- ARRARIA ====================================================== Nasim, son of Late Iliyas, resident of Village- Dalmalpur, P.S.- Amour, District- Purnea.

.... .... Petitioner/s

Versus

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

(In Cr.Misc. No.24611 of 2018) For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Md. Ashlam Ansari (In Cr.Misc. No.24630 of 2018) For the Petitioner/s : Mr. Ranjeet Kumar Singh For the Opposite Party/s : Mr. Md. Ashlam Ansari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 18-05-2018 Heard learned counsel for the petitioners and the State. The petitioners are in custody in connection with Jokihast (Mahalgaon) P.S.Case No.376 of 2017 registered for an offence under Sections 395, 397 and 412 of the IPC and 27 of the Arms Act.

The informant in the fardbeyan has alleged that 13 to 14

Patna High Court Cr.Misc. No.24611 of 2018 (4) dt.18-05-2018 2/3 unknown miscreants entered into the house and committed dacoity.

Learned counsel for the petitioners submits that in course of investigation, the police apprehended these petitioners merely on suspicion and recorded alleged confessional statement. The alleged recovered articles belong to the petitioners and the same have not been put on test identification parade. The other two accused persons have already been granted bail by a coordinate Bench of this Court in Cr.Misc.No.11749 of 2018 and the case of these petitioners stand on similar footing. The petitioners are in custody since 27.11.2017.

The learned APP opposed the submissions.

Considering the aforesaid facts and circumstances, the prayer for bail is allowed. Let the above named petitioners be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of CJM, Araria in connection with Jokihat (Mahalgaon) P.S.Case No.376 of 2017 subject to the following conditions:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

(ii) The petitioners will not induce any witness or tamper with the evidence.

Patna High Court Cr.Misc. No.24611 of 2018 (4) dt.18-05-2018 3/3 (iii) The petitioners shall cooperate in the disposal of trial and make themselves available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) B.Kr./- U T