Niyamat Hussain @ Nathhu @ Neyamat Hussain @ Nathu @ Nath v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79469 of 2019 Arising Out of PS. Case No.-152 Year-2019 Thana- KATEYA District- Gopalganj ====================================================== Niyamat Hussain @ Nathhu @ Neyamat Hussain @ Nathu @ Nath, Son of Raja Mian @ Md. Raja Hussain, Resident of Village - Kateya, Ward No. 9, P.S.- Kateya, District- Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr.Ramchandra Sahni ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned counsel representing the State.

The petitioner in the present case is seeking regular bail in connection with Kateya P.S. Case No.152 of 2019 registered for the offence punishable under Sections 147, 148, 149, 323, 324, 307, 427, 353 and 504 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in this case. Learned counsel submits that the allegations against the petitioner are baseless and concocted.

Learned APP has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein this petitioner is said to be a member of the mob and allegation against him is that he had instigated the public at large to indulge in violence, petitioner is in custody since 25.10.2019

Patna High Court CR. MISC. No.79469 of 2019(2) dt.11-12-2019 2/2 and investigation against him is still going on, the petitioner has no criminal antecedent, therefore, this Court directs that on completion of investigation against the petitioner, let the petitioner above named be released on bail on furnishing bail bond of Rs. 15,000/- (fifteen thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-XV, Gopalganj in connection with Kateya P.S. Case No.152 of 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) arvind/- U T