Md. Mustakim @ Kaloo @ R.K. v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.65372 of 2019 Arising Out of PS. Case No.-50 Year-2018 Thana- NTPC District- Patna ====================================================== MD. MUSTAKIM @ KALOO @ R.K. S/o Md. Monnuddin @ Md. Anwar, Resident of Village - Phulwarisharif, Gulistan Mohalla, P.S.- Phulwarisharif, Distt.- Patna.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kumar Rajeev For the Opposite Party/s :

Mr.Anil Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 31-01-2020 Petitioner seeks bail in connection with N.T.P.C. P.S. Case No. 50 of 2018, registered for the offences punishable under Sections 379, 427 and 34 of the Indian Penal Code. Petitioner is not named in the FIR and allegation is with respect to removing of ATM from the N.T.P.C. campus and later on several persons were arrested and their confessional statements were recorded in another case in which they have confessed and huge cash was recovered from them, including the petitioner.

Submission of learned counsel for the petitioner is that except confessional statement there is nothing against him and moreover all the other co-accused have been granted bail by co-ordinate Benches of this Court by order dated 1.7.2019

Patna High Court CR. MISC. No.65372 of 2019(4) dt.31-01-2020 2/2 passed in Cr.Misc.No. 38843 of 2019, by order dated 15.5.2019 passed in Cr.Misc.No. 32359 of 2019 and by order dated 18.6.2019 passed in Cr.Misc.No. 36576 of 2019 and petitioner is in custody since 17.8.2018.

Heard learned APP also.

In view of above facts and circumstances, let petitioner be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Sri P.K. Tiwari, Judicial Magistrate, 1st Class, Barh, Patna, in connection with N.T.P.C. P.S. Case No. 50 of 2018, subject to the condition that one of the bailors of the petitioner shall be a local person, having sufficient immoveable properties within the jurisdiction of civil court, Patna and further condition that he has to appear before the court concerned as and when required, otherwise his bail bonds shall be cancelled.

(Vinod Kumar Sinha, J) spal/- U T