Md. Nayeem @ Md. Naim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72266 of 2019 Arising Out of PS. Case No.-137 Year-2018 Thana- TARABARI District- Araria ====================================================== MD. NAYEEM @ MD. NAIM Son of Md. Aseem @ Md. Asim Uddin Resident of Village- Raharia, Gairky, P.S.- Jokihat, District- Araria. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Kundan Kumar Singh For the Opposite Party/s :

Mr.Uday Pratap Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAKASH CHANDRA JAISWAL ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner seeks bail in a case registered under Section 392 of the Indian Penal Code.

Three motorcycle borne criminals are said to have looted Rs.1,20,999/- and some documents by breaking open the dickey of the motorcycle of the informant.

It is submitted by learned counsel for the petitioner that the petitioner has no concern with the aforesaid occurrence. He is not named in the F.I.R. No incriminating article has been recovered from his conscious physical possession. There is nothing cogent on record indicating the complicity of the petitioner in the occurrence barring his

Patna High Court CR. MISC. No.72266 of 2019(2) dt.11-12-2019 2/2 confessional statement which has no evidentiary value in the eye of law. He was not put on T.I.P. He has been languishing in custody since 17.07.2019. Similarly situated co-accused namely Md. Masud @ Masud has been enlarged on bail by a co-ordinate bench of this court vide order dated 04.12.2019 passed in Cr. Misc. No. 72974 of 2019.

Having regard to the facts and circumstances of the case, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-V, Araria in connection with Tarabari P.S. Case No. 137 of 2018. (Prakash Chandra Jaiswal, J) mantreshwar/- U T