Md. Kasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29859 of 2018 Arising Out of PS.Case No. -222 Year- 2017 Thana -RAJNAGAR District- MADHUBANI ====================================================== Md. Kasim, Son of Late Md. Salim, resident of village- Pariharpur, Police Station- Rajnagar, District- Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimal Kumar For the Opposite Party/s : Sri Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 02-07-2018 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner, who is in custody since 26.12.2017, seeks bail in connection with Rajnagar Police Station Case No. 222 of 2017 registered for an offence punishable under section 394 of the Indian Penal Code.

As per FIR, four miscreants intercepted the informant and snatched his motor cycle.

It has been submitted that one Rajesh Sah was apprehended by Police in Bispy P.S. Case No. 312 of 2017 and from his possession, a stolen motor cycle was recovered. He confessed his complicity in the present crime and disclosed the name of this petitioner and other co-accused. The Police recovered some incriminating articles from other co-accused.

Patna High Court Cr.Misc. No.29859 of 2018 (3) dt.02-07-2018 2/2 Nothing has been recovered from the possession of the petitioner. There is nothing against him except the disclosure of his name by Rajesh Sah. The petitioner is in custody since having clean antecedent. The petitioner has not been put on TIP till date. The learned Additional Public Prosecutor on the other hand opposed the submission.

Considering the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he is directed to be enlarged on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Sri Vikash Jha, Judicial Magistrate 1st Class, Madhubani in connection with Rajnagar Police Station Case No. 222 of 2017, subject to the following conditions:- (i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.

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

(iii) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court.

(Sanjay Kumar, J) Mahesh/- U T