Ashfaque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4084 of 2019 Arising Out of PS. Case No.-12 Year-2014 Thana- BAUSI District- Purnia ====================================================== Ashfaque, son of Late Sk. Rafique @ Late Rafique, resident of Village - Maheshbhatta Minapur @ Bairia, P.S.-Baisi, Distt.-Purnea ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Kumar Jha, Adv.

Mr.Sushil Kumar Jha, Adv.

For the Opposite Party/s :

Mr.Arun Kumar Singh No.5, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 05-02-2019 Heard learned counsel for the petitioner and learned APP representing the State.

Petitioner is seeking anticipatory bail in connection with Baisi P.S. Case No. 12 of 2014 registered for the offences punishable under Sections 379, 411, 414 and 120(B)/34 of the Indian Penal Code and Section 3⁄4 of the Damage of Public Property Act.

Learned counsel for the petitioner submits that the name of this petitioner has transpired in the confessional statement of co-accused. Learned counsel submits that nothing has been recovered from the house of the petitioner and the petitioner has got no criminal history. It is further submitted that some of the co-accused have been granted privilege of anticipatory bail in Cr.Misc.No.25021 of 2016 and

Patna High Court Cr.Misc. No.4084 of 2019(2) dt.05-02-2019 2/2 Cr.Misc.No.47445 of 2016.

Learned APP for the State is present and has opposed the prayer for bail.

Considering the facts and circumstances of the case wherein the name of the petitioner has transpired in the confessional statement of co-accused, he has no criminal antecedent and some of the co-accused have been granted privilege of anticipatory bail, in case of arrest or surrender of the petitioner within a period of four weeks from today, the abovenamed petitioner shall be enlarged on bail on furnishing bail bond of Rs.15,000/- (rupees fifteen thousand) with two sureties of the like amount each to the satisfication of Sri Ajay Kumar-II, learned Judicial Magistrate, Purnea in connection with Baisi P.S. Case No. 12 of 2014, subject to the condition that petitioner shall join the investigation by reporting to the Investigating Officer within a period of two weeks from today and shall cooperate in course of investigation. This will be in addition to condition prescribed under Section 438(2) of the Cr.P.C.

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