Nabi Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76057 of 2019 Arising Out of PS. Case No.-220 Year-2019 Thana- KARJA District- Muzaffarpur ====================================================== NABI HUSSAIN Son of Muddi Sah Reseident of Village - Mahanth Maniyari, P.S.- Maniyari, Distt - Muzaffarpur. ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Anish Kumar For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 28-11-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner in the present case is seeking regular bail in connection with Karja P.S. Case No. 220 of 2019 corresponding to G.R. No. 2790/2019 registered under Sections 406/34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act. Lerned counsel for the petitioner submits that the entire case is false and fabricated and just to harass the petitioner. Petitioner is said to be the uncle of Md. Junaild and he is residing separately since long time, however petitioner has no criminal antecedent and is in custody since 12.09.2019. Learned A.P.P. for the State has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein it is the submission of learned counsel for the petitioner

Patna High Court CR. MISC. No.76057 of 2019(2) dt.28-11-2019 2/2 that this petitioner is said to be the uncle of Md. Junaild and is said to be living separately in mess and business and further that he has remained in custodyc since 12.09.2019, let the abovenamed petitioner be released on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) with two sureties of the like amount each to the satisfaction of learned S.D.J.M. (West) Muzaffarpur, in connection with Karja P.S. Case No. 220 of 2019 corresponding to G.R. No. 2790/2019, subject to the condition as laid down under Section 437(3) Cr.P.C.

as under: (a) that such person shall attend in accordance with the conditions of the bond executed under this Chapter, (b) that such person shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected, and (c) that such person shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any Police Officer or tamper with the evidence.

(Rajeev Ranjan Prasad, J) Rajeev/- U T