Md Nadim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72110 of 2021 Arising Out of PS. Case No.-558 Year-2021 Thana- MADHEPURA District- Madhepura ====================================================== 1.

MD NADIM Son of Nisar Ahmad Resident of Village - Ward no.12, Madhepura, P.S. and Distt.- Madhepura.

2.

Md. Nayamatulla @ Md. Niyamtullah @ Mohammad Nemtullah Son of Mohammad Nurullah @ Mohammad Noorullah Resident of Village - Ward No.13, Madhepura, P.S. and Distt.- Madhepura. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rupesh Kumar, Advocate For the Opposite Party/s :

Ms. Rina Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 07-06-2022 Heard learned counsel for the parties.

The petitioners have preferred this application for grant of regular bail in a case registered under sections 414, 419 and 201 of the Indian Penal Code.

As per the prosecution case, accused persons were involved in cutting of the truck into pieces for disposing / selling of the same.

It is submitted by learned counsel for the petitioners that from perusal of the FIR as also the order of the learned trial court it would transpire that the alleged place of occurrence is the kabari shop of the co-accused Arvind Kumar wherein the petitioners were allegedly working in collusion. It is submitted

Patna High Court CR. MISC. No.72110 of 2021(2) dt.07-06-2022 2/2 that the petitioners have no concern with the shop and they have been falsely implicated in the case for oblique reason. They are in custody since 17.7.2021 and have no criminal antecedent.

Heard learned A.P.P. for the State.

Having heard learned counsel for the parties and taking into consideration that the alleged place of recovery where the seized truck was being cut into pieces is not the shop of the two petitioners herein together with the petitioners having remained in custody for more than 10 months, both the petitioners are directed to be enlarged on bail in connection with Madhepura P.S. Case no. 558 of 2021 on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhepura. (Partha Sarthy, J) Spd/- U T