Aklak Ahmad @ Aklakh Hussain v. The State Of Bihar

Patna High Court Cr.Misc. No.34041 of 2017 (2) dt.20-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34041 of 2017 Arising Out of PS.Case No. -221 Year- 2014 Thana -BHANGWANPUR HAT District- SIWAN ======================================================

1. Aklak Ahmad @ Aklakh Hussain Son of Shah Mohammad Hussain, Resident of Village- Darzi Tola Rampur, P.S. Bhagwanpur, District- Siwan. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Md. Aslam Ansari For the Opposite Party/s : Mr. Smt. Madhuri Lata ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Bhagwanur P.S. Case No. 221 of 2014 instituted for the offence under Section-379 & other minor Sections of the Indian Penal Code.

It has been submitted that the petitioner has clean antecedent.

As per written report, the petitioner with other 25-30 friends opened insulator from the electric pole and when objection was raised by the informant, they gave threat of dire consequences. From the written report itself, it appears that there is no recovery of any incriminating article from possession of the petitioner. In paragraph-3 of the petition, it has been mentioned that the petitioner has no criminal antecedent.

In such circumstances, prayer for anticipatory bail is allowed

Patna High Court Cr.Misc. No.34041 of 2017 (2) dt.20-07-2017 and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bhagwanur P.S. Case No. 221 of 2014 to the satisfaction of learned Chief Judicial Magistrate, Siwan subject to condition as laid down u/S 438(2) of the Cr.P.C. with further conditions (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.

(Sanjay Priya, J) A.K.V./- U T