High Court Patna High Court - Orders

Naiyar Imam @ Mumtaz @ Neta vs State Of Bihar on 8 March, 2011

Patna High Court – Orders
Naiyar Imam @ Mumtaz @ Neta vs State Of Bihar on 8 March, 2011
                IN THE HIGH COURT OF JUDICATURE AT PATNA
                           Cr.Misc. No.35803 of 2010

                     NAIYAR IMAM @ MUMTAZ @ NETA .
                                    Versus
                             STATE OF BIHAR .
                                      with
                          Cr.Misc. No.32459 of 2010
                       SANJAY THAKUR @ DAVI LAL .
                                    Versus
                             STATE OF BIHAR .
                                      with
                          Cr.Misc. No.42538 of 2010
                           MD. GULAM RASOOL .
                                    Versus
                             STATE OF BIHAR .
                                      with
                          Cr.Misc. No.45169 of 2010
                             RAM BARAN DAS .
                                    Versus
                             STATE OF BIHAR .
                                   -----------

03/- 08-03-2011 Heard learned counsels for the petitioners and

learned Additional Public Prosecutor for the State.

All these four bail applications arising out of same

police station case i.e. Benipatti P.S. Case No. 79 of 2010 are

heard together and being disposed of by this common order.

In this case instituted against unknown relating to

taking of one tractor with trailer from the informant and son of

the owner (the deceased) by consuming some eatable during

transit causing them senseless by three non petitioners

intercepting them and have also been identified during T.I.P.

Petitioners name emerged during investigation and except

petitioner Md. Gulam Rasool other three petitioners have

confessed their involvement before the police. The role of the

petitioners in the entire episode as appears from their said
2

confessional statement and other material submitted by learned

Additional Public Prosecutor are to manage entire affairs

behind the screen and disposing of the stolen tractor and

trailer. Petitioner, namely, Naiyar Imam @ Mumtaz @ Neta is

said to have approached another petitioner, namely, Sanjay

Thakur @ Davi Lal in disposing of the property whereas

petitioner, namely, Ram Baran Das remained only in

association of others. There appears nothing more specific.

Considering the facts and circumstances of the

case, let all the four petitioners, namely, Naiyar Imam @

Mumtaz @ Neta, Sanjay Thakur @ Davi Lal, Md. Gulam

Rasool and Ram Baran Das are directed to be released on bail

on furnishing bail bond of sum of Rs. 10,000/- (ten thousand

only) each with two sureties of the like amount each to the

satisfaction of learned Chief Judicial Magistrate, Madhubani in

connection with Benipatti P.S. Case No. 79 of 2010. One of

the bailor must be a government servant. Subject to condition

to attend the court regularly at least for two years or till

disposal of the case, whichever is earlier, and in the event of

failure on three consecutive dates, the privilege granted shall

be deemed to be cancelled.

Praveen/-                                         (Akhilesh Chandra, J.)