Najrul @ Najrul Islam v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.60589 of 2018 Arising Out of PS. Case No.-99 Year-2016 Thana- POTHIYA District- Kishanganj ====================================================== Najrul @ Najrul Islam S/o Md. Alam, R/o Vill.- Ruhia, Rinkue, P.S.- Islampur, District- Uttar Dinajpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Diwakar Sinha, Advocate.
For the Opposite Party/s :
Mr. Ganesh Prasad Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-11-2018 Heard learned counsel for the petitioner and the State.
The petitioner seeks bail in Pothiya P.S. Case No. 99 of 2016 instituted for the offence under Section 414/34 of the Indian Penal Code.
In the written report there is allegation that informant got information that electric wire was being cut and stolen by few persons. The informant reached at the place of occurrence and found 5 to 6 persons keeping the wire on the road. The Chowkidar identified two persons namely, Akhtar and Mukhtar. One person was also caught by villagers with pick-up van but due to rain and taking advantage of night, he fled away. The villagers disclosed his name as Najrul.
Counsel for the petitioner submits that as per written
Patna High Court Cr.Misc. No.60589 of 2018(4) dt.19-11-2018 2/2 report, petitioner was not present on the spot. He is in custody since 7.3.2018 Considering the aforesaid facts and circumstances of the case, prayer for bail of the petitioner is allowed. Let the petitioner above named, be released on bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj, in connection with Pothiya P.S. Case No. 99 of 2016, subject to the condition that both the bailors will be the close relatives of the petitioner. (Sanjay Priya, J) S.Ali/- U T