Md. Babar And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42930 of 2017 Arising Out of PS. Case No.-10 Year-2017 Thana- PAROO District- Muzaffarpur ====================================================== 1.

Md. Babar, Son of Late Asfak, 2.

Md. Anjar, Son of Md.. Aziz, Both are R/o Village- Gorigama, P.S.- Saraiya, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Yugal Kishore For the Opposite Party/s :

Mr. Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-09-2017 Learned Counsel for the petitioners has submitted that petitioner no. 2, namely, Md. Anjar, has been arrested. This application, so far as petitioner no. 2, namely, Md. Anjar, is concerned, having become infructuous, stands dismissed.

Heard learned Counsel for the petitioner no. 1 and learned Additional Public Prosecutor representing the State of Bihar. This application, for grant of anticipatory bail, arises out of Paroo Police Station Case No. 10 of 2017, disclosing offences under Sections 413/414 of the Indian Penal Code. It is evident from the First Information Report that the motorcycles, allegedly stolen, were not recovered from possession of the petitioner. It is alleged against the accused

Patna High Court Cr.Misc. No.42930 of 2017(2) dt.19-09-2017 2/3 persons that upon seeing the police party, they had fled away leaving the motorcycle aside. On the basis of information given by the locals, the petitioner no. 1 has been implicated. Learned Counsel for the petitioner no. 1 has submitted that except for the said evidence of the locals collected by the police, there is no material against the petitioner. It has also been submitted that the petitioner no. 1 shall co-operate the police in course of investigation and make himself available before the Police/Court, as the case may be, as and when required.

Considering the above submissions, this application is allowed.

Let the petitioner no. 1, Md. Babar, in the event of his arrest or surrender before the Court below within a period of six weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub Divisional Judicial Magistrate (West), Muzaffarpur, in connection with Paroo Police Station Case No. 10 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure, 1973.

This is subject to the condition that the petitioner shall

Patna High Court Cr.Misc. No.42930 of 2017(2) dt.19-09-2017 3/3 present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court below on two consecutive occasions, his bail bond shall be liable to be cancelled. (Chakradhari Sharan Singh, J) Prabhakar Anand/- U √ T √