Nabib Nadaf @ Md. Nabib v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.63916 of 2019 Arising Out of PS. Case No.-303 Year-2014 Thana- MANIGACHI District- Darbhanga ====================================================== Nabib Nadaf @ Md. Nabib, S/o Islam Nadaf, Resident of Village- Madhopur, P.S.- Bahera, District- Darbhanga.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Pankaj Kumar Das For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 05-12-2019 Heard learned counsel for the petitioner and learned APP for State.

The petitioner in this case is seeking anticipatory bail in connection with Manigachhi P.S. Case No.303 of 2014 registered for the offences punishable under Sections 461/379 of the Indian Penal Code and later on Sections 411/413 were also added. Learned counsel for the petitioner submits that the petitioner is not named in the FIR and he has falsely been implicated in this case. Learned counsel submits that the name of the petitioner has transpired in the confessional statement of the co-accused.

Learned APP for the State is present and has opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case wherein it is submitted by learned counsel for the petitioner that

Patna High Court CR. MISC. No.63916 of 2019(4) dt.05-12-2019 2/2 the name of petitioner has transpired recently in the confessional statement of the co-accused, but nothing has been recovered from his possession and that he has no criminal antecedent, let the petitioner in the event of his arrest or surrender within a period of four weeks from today, be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand ) with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-V, Darbhanga in connection with Manigachhi P.S. Case No.303 of 2014, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person 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; (iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) arvind/- U T