Patna High CourtCR. MISC./40549/2017bail granted

Md. Zumman @ Md. Gul Nawaj v. The State Of Bihar

2017-10-06Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40549 of 2017 Arising Out of PS.Case No. -319 Year- 2017 Thana -ARARIA District- ARRARIA ====================================================== Md. Zumman @ Md. Gul Nawaj Son of Shabir @ Sabhir Alam, Resident of Village-Shadipur Ward no.2, Police Station-Jalalgarh, District-Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate For the Opposite Party/s : Md. Ansarul Haque, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Araria P.S. Case No. 319 of 2017 instituted for the offence under Section 379 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that he has no criminal antecedent. There is no recovery of Motorcycle from his possession. His name has been subsequently added in the First Information Report which will appear from the written report.

Learned A.P.P. after perusing the case diary has submitted that Motorcycle has been recovered from the road side in Jai Prakash Nagar. The petitioner is resident of Jalalgarh, Distt. Purnea and the Motorcycle has been recovered from Jai Prakash

Patna High Court Cr.Misc. No.40549 of 2017 (3) dt.06-10-2017 2/2 Nagar, Araria.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Araria P.S. Case No. 319 of 2017, he shall 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, Araria, 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. (Sanjay Priya, J) S.