Md. Kalam @ Kalam v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27757 of 2018 Arising Out of PS.Case No. -75 Year- 2016 Thana -MADHUBANI TOWN District- MADHUBANI ======================================================

1. MD. KALAM @ KALAM, Son of Ansar Ahmad @ Ansar Siddiki, Resident of Village- Kalmaniya Khutauna, Police Station- Khutauna, District- Madhubani.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate For the Opposite Party/s : Mr. Awadhesh Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 15-05-2018 Heard the parties.

The petitioner seeks anticipatory bail in connection with Town P.S.Case No. 75 of 2016, registered for offences punishable under Sections 406, 420, 467, 468, 471 and 34 of the Indian Penal Code..

Allegation against the petitioner is that the informant was given a tempo to the petitioner for displaying but he did not return his tempo.

Submission of the learned counsel for the petitioner is that he has valid challan as well as other concerned papers and license book of the tempo, which shows his ownership and tempo does not belong to the informant.

Patna High Court Cr.Misc. No.27757 of 2018 (3) dt.15-05-2018 2/3 Learned A.P.P. opposes the prayer for bail.

Having heard both sides and in view of the facts and circumstances as discussed above, let the petitioner, in the event of arrest or surrender before the court below within a period of six weeks from the date of order, be released on bail on furnishing bail bond of Rs. 25,000/- ( Twenty five Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Madhubani in connection with Town P. S. Case No; 75 of 2016, corresponding to G.R. No. 470 of 2016, subject to the condition that as laid down under Section 438 (2) of the Code of Criminal procedure.

With following conditions:- i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

ii) The petitioner will not induce any witness or tamper with the evidence.

iii) The petitioner shall co-operate in the investigation of the case and the petitioner has produced the paper before the Investigating Officer during investigation and if the papers

Patna High Court Cr.Misc. No.27757 of 2018 (3) dt.15-05-2018 3/3 were found to be forged, prosecution shall move for cancellation of his bail bond.

(Vinod Kumar Sinha, J) Sudha/- U T