Md. Sabbir @ Sabbir Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51723 of 2017 Arising Out of PS.Case No. -85 Year- 2016 Thana -LAURIYA DistrictWESTCHAMPARAN(BETTIAH) ====================================================== Md. Sabbir @ Sabbir Ahmad, Son of Late Sk. Musa, Resident of VillaegeBarbiro, P.S.- Lauriya, District- West Champaran. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Syed Mojibur Rahman, Advocate. For the Opposite Party/s : Mr. Kanhaiya Kishore, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Lauriya P.S. Case No. 85 of 2016 (G.R. No. 2124 of 2016) instituted for the offence under Sections 376 and 511 of the Indian Penal Code. It has been submitted that there is allegation against petitioner of attempting to commit illegal act with the informant. It has further been submitted that due to land dispute, the informant has filed the instant case.

The police has submitted charge sheet against the petitioner for the offence under Sections 341, 323 and 504/34 of the Indian Penal Code.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the

Patna High Court Cr.Misc. No.51723 of 2017 (2) dt.09-11-2017 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Lauriya P.S. Case No. 85 of 2016 (G.R. No. 2124 of 2016), 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 Additional Chief Judicial Magistrate-1st, West Champaran at Bettiah, 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.