Anwar Alam @ Anwar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57471 of 2017 Arising Out of PS.Case No. -77 Year- 2017 Thana -PAHARKATTA District- KISANGANJ ====================================================== Anwar Alam @ Anwar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 14-12-2017 Heard learned counsel for the petitioner as well as learned A.P.P. for the State.

The petitioner seeks regular bail in connection with Paharkatta P.S. Case No.77 of 2017 registered for the offences punishable under Sections 413 and 414 of the Indian Penal Code. The informant happens to be a police officer and he on information visited at place of occurrence and apprehended this petitioner and three others when they were carrying a motorcycle on a Jugar vehicle. It has been submitted that the petitioner is innocent and nothing has been recovered from his possession. One of the co-accused Raj @ Raj Kumar Pal @ Raj Kumar Paul has been allowed bail in Cr. Misc. No.55937 of 2017 by one of the coordinate Bench of this Court on 04.12.2017. The case of the petitioner stands on similar footing and he is in custody

Patna High Court Cr.Misc. No.57471 of 2017 (2) dt.14-12-2017 since 28.08.2017.

The learned A.P.P. for the State opposed the submission. Considering the facts and circumstances of the case, the prayer of bail is allowed. The petitioner, named above, is directed to be released on bail on furnishing bail bond of Rs.10,000/-(ten thousand) with two sureties of like amount each to the satisfaction of the learned A.C.J.M.-III, Kishanganj in connection with Paharkatta P.S. Case No.77 of 2017, subject to the 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) If the petitioner is found involved in future in similar type of allegation, the prosecution will have liberty to move for cancellation of bail. (iv) The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court and on the event of failure on his part to appear before the court below on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail.

(Sanjay Kumar, J) Harish/- U