Md. Imran v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11859 of 2016 Arising Out of PS.Case No. -43 Year- 2015 Thana -KARJAIN District- SUPAUL ====================================================== Md. Imran Son of late Md. Murtaza, Resident of Village- Jhatkiya, Police Station -Singheshwar , District Madhepura.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Prabhat Kumar Singh For the Opposite Party/s : Mr. Nagendra Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER 28-03-2016 Heard the parties.
The petitioner apprehends his arrest in a criminal prosecution originally registered under Section 364, 365, 120B/34 of the Indian Penal Code in which subsequently, offence under section 302 of the Indian Penal Code was also added. Taking into consideration the fact that the petitioner is not named in the FIR, vide Annexure-1, as an accused and his involvement has transpired during the course of investigation only on the basis of confessional statement of a co-accused recorded by the police and further taking into consideration the fact that he is said to be the first offender, as has been submitted by the learned counsel appearing on behalf of the petitioner, this Court is inclined to accede to the prayer made on behalf of the petitioner for grant of anticipatory bail.
In the event of his arrest or surrender in the Court below within a period of four weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bonds of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate,
Patna High Court Cr.Misc. No.11859 of 2016 (2) dt.28-03-2016 2/2 Birpur, Supaul, in connection with Karjain P.S. Case No. 43 of 2015, subject to the conditions laid down under Section 438(2) Cr.P.C and subject to the further conditions that: (A). One of the bailors must be government servant or close family member of the petitioner, who will file an affidavit in the Court below showing his relationship with the petitioner, (B). if the petitioner is found involved in same and similar nature of cases in future, then in that case the informant/ prosecution shall be at liberty to file a petition for cancellation of the bail of the petitioner, and if such a petition is filed, the court below would be obliged to dispose of the same in accordance with law after giving an opportunity of hearing to all concerned and (C).
the petitioner shall make regular pairvi in the court below in the present case either by appearing himself in person or through representation by his lawyer on each and every dates, and if on two consecutive dates petitioner fails to make pairvi, then the court below shall be at liberty to cancel the bail bonds of the petitioner.