Md. Naseem @ Naseem v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40357 of 2018 Arising Out of PS. Case No.-11 Year-2018 Thana- POTHIYA District- Kishanganj ====================================================== Md. Naseem @ Naseem Son of Aftabuddin Resident of Village - Nimlagaon, P.S. - Pothia, District - Kishanganj.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Dineshwar Tiwary For the Opposite Party/s :

Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 20-09-2018 Heard learned counsel for petitioner and learned counsel for the State.

Petitioner seeks bail in Pothia P.S. Case No. 11 of 2018 registered for the offence punishable under Sections 147, 148, 149, 114, 307 and 353 of the Indian Penal Code. Allegation against the petitioner is of being a member of unlawful assembly and committing dacoity in the house of Nand Kishore Chaudhary. In the meanwhile, when the police party reached there then the accused persons threw bombs upon the patrolling party.

It has been submitted on behalf of the petitioner that petitioner has committed on offence and has been implicated in this case on suspicion. It has been further submitted that nothing has been recovered from the possession of the petitioner.

Patna High Court Cr.Misc. No.40357 of 2018(3) dt.20-09-2018 2/2 Petitioner is in custody since 12.03.2018.

Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned ACJM, Kishanganj, in connection with Pothia P.S. Case No. 11 of 2018, with following conditions:-

(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be sufficient to cancel his bail bond.

(3) If the petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.

(S. Kumar, J) ranjan/- U