Md. Akram And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13346 of 2018 Arising Out of PS.Case No. -123 Year- 2017 Thana -SIMRIBAZAR District- DARBHANGA ======================================================

1. Md. Akram, Son of Md. Safir Shikari, Resident of Ward No.02, Minhaj Nagar, Police Station- Phulwarisharif, District- Patna.

2. Md. Allauddin, Son of Mir Hassan, Resident of Village- Patiyasa, Police Station- Ahiyapur, District- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Fahad Khurshid, Advocate For the Opposite Party/s : Mr. Manoj Kumar - 1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 09-04-2018 Heard the parties.

The petitioners seek anticipatory bail in connection with Simri P. S. Case No. 123 of 2017, registered for offences punishable under Sections 401, 413 and 120 (B) of the Indian Penal Code.

Allegation against the petitioners, who are the driver and owner of the truck, were carrying the stolen cattle in the truck.

Submission of the learned counsel for the petitioners is that they purchased the cattle from Sitamarhi and certificate to that has been annexed as Annexure-2.

Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances as discussed above, let the petitioners, in the

Patna High Court Cr.Misc. No.13346 of 2018 (2) dt.09-04-2018 2/2 event of their arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs. 25,000/- ( Twenty five Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Darbhanga in connection with Simri P.S.Case No. 123 of 2017, subject to the condition as laid down under Section 438 (2) of the Code of Criminal procedure. With following conditions:- i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

ii) The petitioners will not induce any witness or tamper with the evidence.

iii) The petitioners shall co-operate in the investigation of the case and make themselves available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of her bail bond.

(Vinod Kumar Sinha, J) Sudha/- U T