Md. Nasar @ Nasar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40722 of 2018 Arising Out of PS.Case No. -44 Year- 2018 Thana -PALASI District- ARRARIA ======================================================

1. Md. Nasar @ Nasar, son of Farooque, R/o Vill.- Dangra, P.S.- Palasi, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Ziaul Quamar, Advocate For the Opposite Party/s : Mr. Ramchandra Sahani, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 12-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Palasi P.S. Case No.44 of 2018 instituted for the offence under Section(s) 393 Indian Penal Code.

It is alleged in the written report that while the informant was returning on his motorcycle, two persons had surrounded the motorcycle and stopped the informant, took away his key and attempted to snatch the bag from the possession of the informant. The informant raised alarm upon which villagers reached there and caught hold of both the miscreants, but one of the miscreants managed to run away. The apprehended persons disclosed his name as Isha Rahi. He disclosed the name of his associates, who managed to escape, as Md. Nasar.

Patna High Court Cr.Misc. No.40722 of 2018 (2) dt.12-07-2018 2/2 From the written report itself, it appears that name of this petitioner was disclosed by co-accused, Md. Isha Rahi, who was apprehended at the spot.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Palasi P.S. Case No.44 of 2018, 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 the Additional Chief Judicial Magistrate, VI, 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) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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) JA/- U T