Md. Perwej @ Md. Prawej v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55834 of 2017 Arising Out of PS.Case No. -325 Year- 2016 Thana -DANAPUR District- PATNA ====================================================== Md. Perwej @ Md. Prawej, Son of Md. Kalam, Resident of Village/Mohalla- Lal Kothi, Police Station- Danapur, District- Patna. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party/s : Dr. Mrityunjaya Kr.Gautam, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Danapur P.S. Case No. 325 of 2016 instituted for the offence under Sections 379, 411 and 401/34 of the Indian Penal Code. It is alleged in the written report that two persons who were keeping the cow in the vehicle (pick-up van) were apprehended by the police. The driver and one person sitting on the front seat fled away. The apprehended persons disclosed the name of this petitioner as driver of the vehicle. From the written report it appears that petitioner was not caught on the spot. His name has been disclosed by coaccused persons who have been arrested by the police. It is mentioned in paragraph-3 of the bail petition that

Patna High Court Cr.Misc. No.55834 of 2017 (2) dt.23-11-2017 2/2 petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Danapur P.S. Case No. 325 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, Patna, 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) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers 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 petitioner. (Sanjay Priya, J) S.