Dilip @ Md. Nurul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.26393 of 2019 Arising Out of PS. Case No.-5 Year-2019 Thana- KURLIKOT District- Kishanganj ====================================================== DILIP @ MD. NURUL Son of Tamijuddin R/O- Piprithan, Jamniguri, P.S.- Thakurganj, District - Kishanganj.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Diwakar Sinha For the Opposite Party/s :

Mr.Md. Anbzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 23-04-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application for anticipatory bail, arises out of Kurlikot Police Station Case No. 05 of 2019, disclosing offences punishable under Sections 457 and 380 of the Indian Penal Code.

Learned counsel, appearing on behalf of the petitioner, referring to the First Information Report, has submitted that he has been named only on the basis of suspicion that too without any basis. Referring to the order of the learned Sessions Judge, Kishanganj, whereby the petitioner's application for anticipatory bail has been rejected, from which, it appears that from the petitioner's house a cow has been

Patna High Court CR. MISC. No.26393 of 2019(2) dt.23-04-2019 2/2 recovered, learned counsel for the petitioner has submitted, that the cow, which has been recovered, cannot be said to be belonging to the informant or any cattle in relation to which, the First Information Report has been registered. Considering the facts and circumstances, as noted above, this application is allowed.

Let the petitioner, above-named, in the event of his arrest or surrender before the Court below within six weeks, 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 Judicial Magistrate I, Kishanganj in connection with Kurlikot Police Station Case No. 05 of 2019, subject to the condition 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) Ashish/- U T