Azad @ Azad Mohammad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34463 of 2015 Arising Out of PS.Case No. -142 Year- 2015 Thana -THAKURGANJ District- KISANGANJ ======================================================

1. Azad @ Azad Mohammad Son of Noorul Haque Resident of Village - Chakla Hat, Gowabari, Police Station - Pothia, in the District of Kishanganj. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Tapeshwar Sharma(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 17-08-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Sections 379 and 411 of the Indian Penal Code.

Rehan and Quamrul were arrested while cutting electric supply wire and recovery was made from them. The apprehended accused suggested the name of the other accused persons including the petitioner.

It is submitted by the learned counsel for the petitioner that except confession of co accused, nothing has been collected against the petitioner during investigation. Statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.34463 of 2015 (2) dt.17-08-2015 2/2 Considering the aforesaid facts, let the above named petitioner be released on anticipatory bail in the event of arrest or surrender before the learned Court below within a period of twelve weeks from today on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned JM Ist Class, Kishanganj in connection with Thakurganj P.S. Case No. 142 of 2015 subject to the conditions as laid down under Section 438(2) Cr.P.C.

The bail bonds of the petitioner will be accepted on filing of an affidavit by the petitioner before the learned court below that he will regularly cooperate in the investigation. The said affidavit will be transmitted by the learned court below to the concerned I.O. Non cooperation in the investigation will give liberty to the prosecution to file application before the learned court below to cancel bail bonds of the petitioner. (Dinesh Kumar Singh, J) Anil/- U T