Md. Jasim v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38421 of 2017 Arising Out of PS.Case No. -43 Year- 2014 Thana -CHANDRADEEP District- JAMUI ====================================================== Md. Jasim, son of Md. Kasim, resident of Village- Arha, Police StationChandradip, District- Jamui. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Chakrapani with Mr.Sanjay Kumar Singh, Advocates For the Opposite Party/s : Mr. Ram Bachan Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 21-08-2017 Heard learned counsel for the petitioner.

The petitioner is apprehending his arrest in connection with Chandradip P.S. Case No. 43 of 2014 registered for the offences punishable under Sections 147, 148, 149, 323, 337, 307, 427, 436, 332, 353, 504 and 506 of the Indian Penal Code. Allegation against the 150-200 accused persons, including the petitioner is of obstructing the official duties of the police personnel and damaging vehicles and petitioner is named in the FIR.

It has been submitted on behalf of the petitioner that no specific allegation has been attributed to the petitioner and it is unbelievable that out of 200 persons 15 persons have been identified and one co-accused has been granted anticipatory bail

Patna High Court Cr.Misc. No.38421 of 2017 (2) dt.21-08-2017 2/3 by the court below itself, which is evident from the impugned order itself.

Heard learned APP also, who has opposed the prayer for anticipatory bail.

Having heard both sides and in view of facts and circumstances and also considering the fact that similarly situated co-accused has been granted anticipatory bail by the court below itself, let the petitioner, named above, surrender in the court below within a period of four weeks from the date of receipt/production of a copy of this order and on his so surrendering he shall be released on bail on furnishing bail bond of Rs.25,000/- (Rupees twenty five thousand) with two sureties of the like amount each to the satisfaction of Sri N.K.Yadav, Judicial Magistrate, 1st Class, Jamui, in connection with Chandradip P.S. Case No. 43 of 2014, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure and further conditions that :- (i) One of the bailors should be a local person having sufficient immoveable properties within the jurisdiction of court concerned, (ii) Petitioner shall co-operate in the investigation and make himself available before the police as and when required and

Patna High Court Cr.Misc. No.38421 of 2017 (2) dt.21-08-2017 3/3 in the event of failure on his part to appear before the police on two consecutive dates, the prosecution shall be free to move for cancellation of his bail bonds, (iii) Petitioner will not induce any witness or tamper with the evidence.

(Vinod Kumar Sinha, J) spal/- U