Ladan Miya @ Ladan Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50056 of 2017 Arising Out of PS.Case No. -59 Year- 2015 Thana -SUGAULI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ladan Miya @ Ladan Khan, S/o Late Butayi Khan, R/o Village- Sabya, P.S.- Ramnagar, District- West Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar, Advocate For the Opposite Party/s : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Sugauli P.S. Case No. 59 of 2015 instituted for the offence under Sections 295(A), 428, 429, 414 of the Indian Penal Code and Section 11 (E) of Prevention of Cruelty of Animal Act, 1960. Learned counsel for the petitioner has submitted that he has no criminal antecedent. He has not been apprehended on the spot. Name of this petitioner has been disclosed in the confessional statement of co-accused Tabrej Miya who has been apprehended in this case Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six

Patna High Court Cr.Misc. No.50056 of 2017 (3) dt.31-10-2017 2/2 weeks from today, in connection with Sugauli P.S. Case No. 59 of 2015, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, 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. (Sanjay Priya, J) S.Ali/- U T