Babar Ali @ Mustaque Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34556 of 2017 Arising Out of PS.Case No. -111 Year- 2017 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Babar Ali @ Mustaque Ali, son of Islam Mian, resident of village Rai Tola, Nimue P.S. Sugauli, Distt. East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Karandeep Kumar, Advocate. For the Opposite Party/s : Mr. Jagdhar Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Sugauli P.S. Case No. 111 of 2017 instituted for the offence under Sections 341, 323, 328, 307, 379, 420 and 120(B) of the Indian Penal Code. It is alleged in the written report that this petitioner along with another co-accused Shamshad Mian on assurance to provide him job, brought him to a lonely place and gave some sprite (intoxicated material) to drink on account of which he became unconscious and when he regain his consciousness, found Rs.2,000/- has been taken away by them. In this manner, there is general and omnibus allegation against the petitioner. It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.34556 of 2017 (2) dt.24-07-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Sugauli P.S. Case No. 111 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, East Champaran at Motihari, subject to the conditions as laid down under Section 438 (2) Cr. P.C.

with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) S.