Azad Nai @ Azad Hajam And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12678 of 2018 Arising Out of PS.Case No. -24 Year- 2016 Thana -KOCHADHAMAN District- KISANGANJ ======================================================

1. Azad Nai @ Azad Hajam, S/o Jafir Hajam @ Zafiruddin Hajam, R/o Village- Sarai, P.S.- Kochadhaman, District- Kishanganj.

2. Zullu, S/o Nazamuddin, R/o Village- Anarkali, P.S.- Kochdhaman, District- Kishanganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Diwakar Sinha, Advocate. For the Opposite Party/s : Mr. Nand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-03-2018 Heard learned counsel for the petitioners and the State.

The petitioners apprehend their arrest in Kochadhaman P.S. Case No. 24 of 2016 instituted for the offence under Sections 395 and 397 of the Indian Penal Code. Learned counsel for the petitioners has submitted that they are not named in the written report. There is no recovery from their possession. Their names have come in the confessional statement of co-accused Som Tuddu, Noorshad Alam and Akbar as mentioned in the impugned order.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the

Patna High Court Cr.Misc. No.12678 of 2018 (2) dt.08-03-2018 2/2 event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Kochadhaman P.S. Case No. 24 of 2016, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Kishanganj, 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) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners tamper 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 petitioners.

(Sanjay Priya, J) S.Ali/- U T