Sonu Khan @ Md. Azahar Khan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.7136 of 2017 Arising Out of PS.Case No. -170 Year- 2015 Thana -PHULWARIA District- BEGUSARAI ======================================================
1. Sonu Khan @ Md. Azahar Khan, S/o Md. Murtuza, R/o Village Dindayal Road, Phulwaria-2, P.S.-Phulwaria, District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Syed Mohammad Shabbir Alam, Advocate For the Opposite Party/s : Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 01-05-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends his arrest in Phulwaria P.S. Case No.170 of 2015 instituted for the offence under Section(s) 457 and 380 Indian Penal Code.
It is alleged that twenty three mobiles and one Laptop along with some cash were stolen from the shop of the informant.
It has been submitted that the petitioner has clean antecedents. Nothing incriminating article has been recovered from his possession. His name has been taken by co-accused, Chotu Malakar, from whose possession it is alleged that one stolen mobile phone was recovered. First Information Report is lodged against unknown.
Patna High Court Cr.Misc. No.7136 of 2017 (4) dt.01-05-2017 2/2 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 Phulwaria P.S. Case No.170 of 2015, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Judicial Magistrate, 1st class, Begusarai, 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.