Md. Sakil v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.27115 of 2017 Arising Out of PS.Case No. -19 Year- 2017 Thana -MUFFASIL District- AURANGABAD ======================================================
1. Md. Sakil, S/o Pir Md., R/o Village Guah, P.S. Guah, District Singhbhum (Jharkhand).
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 29-06-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends his arrest in Aurangabad (Mufassil) P.S. Case No.19 of 2017 instituted for the offence under Section(s) 379and 411 Indian Penal Code and Section 4/40 Mines Act.
It has been submitted on behalf of the petitioner that he is owner of one of the Truck bearing registration no. JH 16A 3220, which is alleged to have been apprehended by the police loaded with Moram. It has further been submitted that the driver was holding all the valid papers with regard to the alleged Moram, which has been annexed as Annxure-2.
From the written report itself, it appears that the petitioner was not present at the spot.
Patna High Court Cr.Misc. No.27115 of 2017 (2) dt.29-06-2017 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Aurangabad (Mufassil) P.S. Case No.19 of 2017, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Aurangabad, 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.