Md. Sajjad @ Md. Sajjad Mian v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12178 of 2017 Arising Out of PS.Case No. -64 Year- 2016 Thana -NARKATIYAGANJ RAIL P.S. DistrictWESTCHAMPARAN(BETTIAH) ======================================================
1. MD. SAJJAD @ MD. SAJJAD MIAN, son of Lal Mohammad Mian, resident of Village Barbiro, P.S.- Lauriya, District- West Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Syed Mojibur Rahman, Advocate For the Opposite Party/s : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 29-06-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends his arrest in Rail P.S. Narkatiaganj Case No.64 of 2016 instituted for the offence under Section(s) 414 Indian Penal Code.
It has been submitted that the petitioner is man of clean antecedents. The alleged stolen motorcycle is said to have been recovered from the possession of Ram Kumar Yadav son of Chote Lal Yadav. Seizure list is enclosed with the First Information Report, which is available at page 30 of the brief, wherein, it is mentioned that Chote Lal Yadav produced the motorcycle before the police. It is mentioned in the written report that apprehended person, namely, Ram Kumar Yadav disclosed that he has purchased the motorcycle from Sajjad Ansari, who
Patna High Court Cr.Misc. No.12178 of 2017 (4) dt.29-06-2017 2/2 has not given any paper.
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 Rail P.S. Narkatiaganj Case No.64 of 2016, 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 ACJM (Rail) 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.