Ashok Sardar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.25349 of 2017 Arising Out of PS.Case No. -98 Year- 2010 Thana -PIPRA District- SUPAUL ======================================================
1. Ashok Sardar, S/o Badri Sardar, resident of Village- Bhaiyaram Chakla, P.S.- Pipra, District- Supaul.
2. Md. Yakub, S/o Late Md. Rahman, resident of Village- Dubiyahi, Dhir, P.S.- Pipra, District- Supaul.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Nafisuzzoha For the Opposite Party/s : Mr. Ahtash Ali Khan ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 07-07-2017 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor representing the State of Bihar.
This application, for grant of anticipatory bail, arises out of Pipra Police Station Case No. 98 of 2010, disclosing offences under Sections 409, 467, 468, 120B of the Indian Penal Code.
Learned Counsel for the petitioners has submitted that police, after completion of investigation, did not find complicity of these petitioners and accordingly submitted final form, showing the petitioners innocent. They have, however, been summoned by the learned Court
Patna High Court Cr.Misc. No.25349 of 2017 (2) dt.07-07-2017 2/3 below after taking cognizance of the offence, differing with the police report.
It is submitted on behalf of the petitioner that since the investigation is completed, no tangible purpose would be served if the petitioners are taken into custody. He has also submitted that there is nothing to show that the petitioners influenced the witnesses or tampered with the evidence in course of investigation or at any stage subsequent thereto.
Considering the above submission, this application is allowed.
Let the petitioners, Ashok Sardar and Md.
Yakub, in the event of their arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Supaul, in connection with Pipra Police Station Case No. 98 of 2010, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on their part to appear before
Patna High Court Cr.Misc. No.25349 of 2017 (2) dt.07-07-2017 3/3 the Court on two consecutive occasions, their bail bonds shall be liable to be cancelled.
(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √