Nishu Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59575 of 2018 Arising Out of PS.Case No. -447 Year- 2017 Thana -SHASTRINAGAR District- PATNA ====================================================== Nishu Khan S/o Tajdar Khan, R/o Mohalla- Samanpura, P.S.- Shastrinagar, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar, Advocate. For the Opposite Party/s : Mr. Sri Suresh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-10-2018 Heard learned counsel for the petitioner and the State. The petitioner seeks bail in Shastrinagar P.S. Case 447 of 2017 instituted for the offence under Section 386/34 of the Indian Penal Code.

Counsel for the petitioner submits that petitioner is in custody since 12.02.2018.

It is alleged in the written report that petitioner along with 4-5 accused persons came at the shop of informant and forcibly shut down the shutter of the shop and took Rs.10,000/- from pocket of the informant which was the payment of customer. They also told the informant that Rangdari of Rs.50,000/- is also to be paid by him. The accused persons including petitioner gave threat of dire consequences.

Patna High Court Cr.Misc. No.59575 of 2018 (2) dt.06-10-2018 2/2 Counsel for the State submits that three cases are pending against the petitioner.

Petitioner is said to be in custody since 12.02.2018. Keeping in view the period spent by the petitioner in custody, 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 Additional Chief Judicial Magistrate-IV, Patna, in connection with Shastrinagar P.S. Case 447 of 2017, subject to the condition that both the bailors will be the close relatives of the petitioner. The petitioner will cooperate in conclusion of the trial. He will remain present on each and every date of trial till disposal of the case. He will not try to tamper with the evidence or intimidate the witnesses to delay the disposal of trial. In the event of default of two consecutive dates without valid reason, his bail bonds will liable to be cancelled.

(Sanjay Priya, J) S.Ali/- U T