Md. Nasir Ahmad @ Md. Nisar Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44661 of 2016 Arising Out of PS.Case No. -204 Year- 2016 Thana -KAHALGAON District- BHAGALPUR ======================================================

1. Md. Nasir Ahmad @ Md. Nisar Ahmad son of Late Sawed @ Sayyad Ali Resident of Village- Kaharpara, P.S.- Barharwa, District- Sahebganj (Jharkhand).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha For the Opposite Party/s : Mr. Ram Priya Sharan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HEMANT KUMAR SRIVASTAVA ORAL ORDER 15-12-2016 Heard learned counsel for the petitioner as well as learned Additional Public Prosecutor for the State. Petitioner seeks bail in a case initially, registered under Sections-363, 365 in which, later on Sections-364, 302, 201, 120(B) of the Indian Penal Code.

Petitioner is not named in the first information report and it appears from perusal of the case diary that police on the basis of mobile No. caught one Santosh Tanti, who disclosed the name of one co-accused Nomani Sah. Thereafter, aforesaid Nomani Sah was arrested and made his confessional statement, disclosing this fact that the present occurrence was committed by him and others and, so far as petitioner is concerned; the aforesaid Nomani Sah disclosed that the petitioner was engaged in

Patna High Court Cr.Misc. No.44661 of 2016 (4) dt.15-12-2016 2/2 purchasing and selling stolen vehicles. Thereafter, the petitioner and some other accused were also arrested. The confessional statement of the petitioner was also recorded and it appears from the aforesaid confessional statement that the petitioner agreed to purchase the stolen vehicles. It is alleged that belongings of the deceased were recovered from house of the petitioner, which is evident from perusal of paragraph-85 of the case diary. Therefore, even if, the material collected against the petitioner is taken into consideration, then also, it is apparent that the petitioner had not taken active part in kidnapping and murder of the deceased.

Considering the above-said facts and circumstances of the case as well as submission of the parties, let the petitioner named above, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Kahalgaon (Rasalpur) P.S. Case No. 204 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur.

(Hemant Kumar Srivastava, J) A.K.V./- U T