Md. Nehal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55622 of 2017 Arising Out of PS.Case No. -225 Year- 2017 Thana -DHAMDAHA District- PURNIA ======================================================

1. Md. Nehal, S/o Md. Noorul Haque Ansari @ Md. Nurul Ansari.

2. Md. Noorul Haque Ansari @ Md. Nurul Ansari S/o Late Siddique Ansari, Both No.1 and 2 are R/o Village- Kukraun West, P.S.- Dhamdaha, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jagdish Prasad Bhagat For the Opposite Party/s : Mr. Sri Khurshid Anwar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-11-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend arrest in Dhamdaha P.S. Case No. 225 of 2017 instituted for the offence under Section-379 & other minor Sections of the Indian Penal Code.

It has been submitted that petitioner No. 2 is an Assistant teacher in Aadarsh Vidyalaya Magurjan and petitioner No. 1 is his son. In the written report, there is allegation that these petitioners snatched Rs. 40,000/- from possession of son of the informant. It has been submitted on behalf of petitioners that there is no recovery of any money from their possession. They have been falsely implicated in this case on account of land dispute and village politics. They have no criminal antecedent.

In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.55622 of 2017 (2) dt.23-11-2017 allowed and it is ordered that the petitioners named above in the event of their arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Dhamdaha P.S. Case No. 225 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Purnea subject to condition as laid down u/S 438(2) of the 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 absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners 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) A.K.V.