Patna High CourtCR. MISC./37993/2015bail granted

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

2015-09-22Mr. Justice Dinesh Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.37993 of 2015 Arising Out of PS.Case No. -103 Year- 2015 Thana -BIHARIGANJ District- MADHEPURA ======================================================

1. Md. Anwar Ali@ Anwar Ali S/o Late Sajjad Ali R/o village - Ramjani, P.S. Janki Nagar, District - Purnea .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sharda Nand Mishra For the Opposite Party/s : Mr. Dasrath Mehta(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 22-09-2015 Heard learned counsels for the petitioner and the State.

Petitioner is apprehending his arrest in a case registered for the offences punishable under Sections 457, 380 of the Indian Penal Code.

The prosecution case is that on 23.05.2015 and 24.05.2015 the theft was committed in the houses of the informant and one Arun Prasad Singh when co-accused Md. Jamal and 4-5 unknown were found roaming around on the date of occurrence. Subsequently co-accused Md. Jamal in his confession named the petitioner.

It is submitted by learned counsel for the petitioner that co-accused Md. Jamal is co-villager of the petitioner who was on inimical term with the petitioner from before and except confession there is nothing against the

Patna High Court Cr.Misc. No.37993 of 2015 (2) dt.22-09-2015 2/2 petitioner.

A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Considering the aforesaid facts, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, 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 Chief Judicial Magistrate, Madhepura in connection with Bihariganj P.S. Case No. 103 of 2015, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

The bail bonds of the petitioner will be accepted on filing affidavit that he will co-operate in the investigation. Non-cooperation in the investigation will give liberty to the prosecution to file appropriate application for cancellation of bail of the petitioner.

(Dinesh Kumar Singh, J) Shageer/- U T