Md. Rabbani v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43704 of 2019 Arising Out of PS. Case No.-5 Year-2018 Thana- BALIGAON District- Vaishali ====================================================== Md. Rabbani Son of Late Israfil Resident of Village - Rajkhand, P.S.- Tajpur, Distt - Samastipur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar Soni, Advocate For the Opposite Party/s :

Mr.Bhanu Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 16-07-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

The petitioner is languishing in custody for the offence punishable under Section 395 of the Indian Penal Code. It appears that co-accused Nand Kishore @ Nandu was allowed anticipatory bail by a coordinate Bench of this Court vide Annexure-2 considering the fact that Nand Kishore had no criminal antecedent and his name surfaced in the confessional statement of co-accused Md. Faiyaz and Iftekhar Alam. The petitioner has got no criminal antecedent and submission is that nothing incriminating was recovered from the possession of the petitioner.

Considering the aforesaid facts, let the petitioner,

Patna High Court CR. MISC. No.43704 of 2019(2) dt.16-07-2019 2/2 above named, be released on bail on furnishing bail bond of Rs.20,000/- (Twenty Thousand) with two sureties of the like amount each to the satisfaction of the learned Court-below where the case is pending in connection with Baligaon P.S. Case No.5 of 2018, with following conditions:

(a) Both the bailors shall be the resident of territorial jurisdiction of the learned Court-below having immovable property in his name.

(b) The petitioner shall fully cooperate with the investigation/trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Mkr./- U T