Babul @ Babloo @ Md Nazim v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10176 of 2024 Arising Out of PS. Case No.-172 Year-2023 Thana- BAUNSI District- Araria ====================================================== Babul @ Babloo @ Md Nazim S/o Israfil R/o Vill - Karela, Ward No. 13 P.S. - Bounsi, Dist. - Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mukesh Kumar Rana, Advocate For the Opposite Party/s :
Mr.Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-02-2024 Heard the parties.
2. The petitioner is apprehending arrest in connection with Bounsi P.S. Case No. 172 of 2023 instituted under Sections 419, 420, 406 of the Indian Penal Code lodged on 16.10.2023 by the informant, Md. Mintu.
3. As per the prosecution story, the host of persons have alleged that in the garb of making the money double, the accused persons have taken their amount. Accordingly, the FIR.
4. Learned counsel for the petitioner submits that he is a law abiding citizen, do not have criminal antecedent, is a small cultivator, nothing to do with the said alleged act and nothing is on record to show who has given what amount.
5. Learned APP opposes the prayer.
6. Taking into account the submissions put forward
Patna High Court CR. MISC. No.10176 of 2024(2) dt.22-02-2024 2/3 by the parties as also the fact that he do not have criminal antecedent, this Court is inclined to extend him privilege of anticipatory bail.
7. Let the petitioner be released on bail, in the event of his arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each in connection with Bounsi P.S. Case No. 172 of 2023 to the satisfaction of learned J.M.-1st Class, Araria subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family member of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall appear before the concerned police station every fortnight for next six months to mark his attendance;
(iv) the petitioner shall in no way try to induce or
Patna High Court CR. MISC. No.10176 of 2024(2) dt.22-02-2024 3/3 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) kiran/- U T