Patna High CourtCR. MISC./24495/2019bail granted

Md. Jawed @ Md. Jabed v. The State Of Bihar

2019-04-18Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24495 of 2019 Arising Out of PS. Case No.-5 Year-2016 Thana- FORBESGANJ District- Araria ====================================================== MD. JAWED @ MD. JABED Son of Md. Latif Resident of Village - Rampur, Uttar Ward No.11, P.S.- Forbesganj, Distt.- Araria. ... ... Petitioner

Versus

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

For the Petitioner :

Mr. Arun Kumar Mandal For the Opposite Party :

Mr. R.B. Roy 'Raman', APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 18-04-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Forbesganj P.S. Case No. 05 of 2016 for the offence punishable under Sections 341, 323, 332, 353, 427, 504 and 506/34 of the Indian Penal Code.

The petitioner has been implicated with the allegation that he is owner of a tractor bearing registration No.BR-38E-4179, which was being used for illegally taking out earth from a canal. The Junior Engineer of Irrigation Department is the informant and he has alleged that the canal has been damaged by such activities.

Learned counsel appearing on behalf of the petitioner submits that the tractor does not belong to the petitioner rather it belongs to one Pappu, who has not been named in the First Information Report.

Patna High Court CR. MISC. No.24495 of 2019(2) dt.18-04-2019 2/2 Considering the above submission, this application is allowed.

Let the petitioner above named, in the event of his arrest/surrender within six weeks from today in the Court below, 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 C.J.M., Araria, in Forbesganj P.S. Case No. 05 of 2016, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall 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 on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) ragini/- U T