Md. Akbar @ Md. Akbar Ali v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.4802 of 2017 Arising Out of PS.Case No. -10 Year- 2016 Thana -PRANPUR District- KATIHAR ======================================================

1. Md. Akbar @ Md. Akbar Ali, Son of Md. Hanif, resident of Village Mahendrapur, Bhogabhatgama, P.S. Muffasil, District- Purnea. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Bhola Prasad For the Opposite Party/s : . Smt. Anita Kumari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 14-02-2017 Heard the parties.

This application has been filed in connection with Pranpur P.S.case No.10 of 2016 for the offence under Sections 365, 420 and 120(B) of the Indian Penal Code.

It is submitted on behalf of the petitioner that the whole prosecution story against the petitioner is based on the suspicion and nothing has come against this petitioner. Further, it has been submitted that there is inordinate delay in lodging the F.I.R. Heard learned A.P.P. also, who has opposed the prayer for bail but he has also not pointed out any specific overt act against this petitioner.

Having heard both sides. In view of the fact that no specific allegation has been levelled against this petitioner and he has been

Patna High Court Cr.Misc. No.4802 of 2017 (2) dt.14-02-2017 2/2 made accused in this case on the basis of suspicion only, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (twenty five thousand) with two sureties of the like amount each to the satisfaction of A.C.J.M. Ist Class, Katihar in connection with Pranpur P.S.Case No.10 of 2016 , subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With 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) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police 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.

With the aforesaid observation, this application is allowed. (Vinod Kumar Sinha, J) chn/- U