Md. Chand v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.63296 of 2017 Arising Out of PS.Case No. -336 Year- 2016 Thana -MADHUBANI TOWN DistrictMADHUBANI ====================================================== Md. Chand son of Md. Alauddin, resident of Village Disha Chowk Imambara, P.S. Lakhnaur, District Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ratanakar Jha For the Opposite Party/s : Mr. Anish Chandra ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 08-03-2018 Heard the learned counsel for the petitioner and learned counsel for the State.

The petitioner seeks anticipatory bail in connection with Madhubani Town PS case no. 336 of 2016, G.R. No. 2019 of 2016 registered for the offences punishable under Sections 420, 379 and 411 of the Indian Penal Code.

The allegation is regarding certain antisocial elements interfering with the functioning of ATM machine of the UCO Bank, whereupon one of the accused persons was caught hold by the Bank official and he is said to have taken the name of his associate, who is the petitioner herein.

The learned counsel for the petitioner submits that the name of the petitioner has transpired during the course of the confessional statement of the co-accused person, however, there is

Patna High Court Cr.Misc. No.63296 of 2017 (4) dt.08-03-2018 2/2 no material to connect the petitioner with the alleged occurrence. The petitioner is stated to be having a clean antecedent. It is lastly submitted that the petitioner is ready to join investigation. Having regard to the facts and circumstances of the case, in the event of arrest or surrender before the concerned court within a period of six weeks from the date of receipt/production of a copy of the present order, the petitioner above named is directed to be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rs. Ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in connection with Madhubani Town PS case no. 336 of 2016, G.R. No.

2019 of 2016 subject to the conditions laid down under Section 438(2) of Code of Criminal Procedure. It is further directed that the petitioner shall join investigation and would be present as and when he is called by the investigating agency. Any non-cooperation with the prosecution will result in cancellation of the present privilege of anticipatory bail, for which the investigating Officer/ prosecuting agency shall be free to approach this Court.

(Mohit Kumar Shah, J) BTiwary/- U T