Patna High CourtCR. MISC./1759/2018bail granted

Md. Salam @ Salam And ANR v. The State Of Bihar

2018-02-22Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1759 of 2018 Arising Out of PS.Case No. -125 Year- 2013 Thana -JOGBANI District- ARRARIA ======================================================

1. Md. Salam @ Salam, son of Sahbul,

2. Md. Mokim @ Mokim Mian @ Mokim, son of late Kalap Hussain, resident of Village- Lalpur Goth, Police Station- Birpur, DistrictSupaul. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun, Advocate For the Opposite Party/s : Mr. Parmeshwar Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 22-02-2018 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Jogwani P.S. Case No.125 of 2013 instituted for the offence under Section(s) 395 Indian Penal Code.

Counsel for the petitioner has submitted that First Information Report is against unknown. Name of these petitioners have been disclosed during investigation on the basis of confessional statement of Pawan Kumar Yadav. There is no recovery of any incriminating article from their possession. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within

Patna High Court Cr.Misc. No.1759 of 2018 (3) dt.22-02-2018 2/2 six weeks from today in connection with Jogwani P.S. Case No.125 of 2013, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Araria, 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) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bonds and (3) if petitioners tamper 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 petitioners. (Sanjay Priya, J) JA/- U T