Shamim Ahmad v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10248 of 2017 Arising Out of PS.Case No. -2205 Year- 2007 Thana -SIWAN COMPLAINT CASE DistrictSIWAN ====================================================== Shamim Ahmad S/o Mokhtar Ahmad, R/o Village Lawa, P.S. Nonhara, District Gazipur (U.P.).
.... .... Petitioner/s
Versus
1. The State of Bihar.
2. Ajay Kumar Singh S/o Sri Ramshrey Singh, R/o Village- Gabhirar, P.S.- Raghunathpur, District- Siwan.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Gajendra Kumar Singh For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 20-03-2017 Heard the parties.
The petitioner is apprehending his arrest in connection with A.B.P. No.122 of 2017 on 06.02.2017 arising out of Complaint Case No.2205?2007 Tr. No.;236 of 2017 registered for offences punishable under Sections420, 406 and 465 of the Indian Penal Code.
It is submitted on behalf of the petitioner that there is no allegation of demand of money or any other overt act and they are family members of the accused against whom overt act has been mentioned and the other accused persons have already been granted anticipatory bail by this Court, vide order dated 21.12.2016 passed on Cr. Misc. No.52216 of 2016.
Patna High Court Cr.Misc. No.10248 of 2017 (2) dt.20-03-2017 2/3 Heard learned A.P.P. also.
Having heard both sides and in view of submission of the learned counsel for the petitioner as well as there is no specific allegation against the petitioner, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M., Siwan in connection with Complaint Case No.2205 of 2007, Tr. No.236 of 2017, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.
With following conditions :
(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.
(ii) The petitioner will not induce any witness or tamper with the evidence.
(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail.
With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/-
Patna High Court Cr.Misc. No.10248 of 2017 (2) dt.20-03-2017 3/3 U