Md. Naushad @ Naushad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48733 of 2017 Arising Out of PS. Case No.-128 Year-2017 Thana- RAMPUR District- Gaya ====================================================== Md. Naushad @ Naushad, son of Late Md. Qaiser, Resident of Road No.2, Madarsa Gali, Karimganj, Police Station- Civil Lines, District- Gaya. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Syed Asgher Najmi For the Opposite Party/s :

Mr. LALAN KUMAR ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 10-11-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Rampur Police Station Case No. 128 of 2017, disclosing offences under Sections 379/356/411/34 of the Indian Penal Code.

It is evident from the records that the name of the petitioner surfaced on the basis of the statement of co-accused Md. Altmas and Monu Ali. Allegedly, the petitioner was accompanying them when they joined together to snatch the informant's mobile. While the two other were caught, the petitioner is said to have fled away.

Learned Counsel for the petitioner submits that the petitioner has no criminal antecedent and his implication is

Patna High Court Cr.Misc. No.48733 of 2017(2) dt.10-11-2017 2/2 based only on the so-called confessional statement of the aforesaid two accused persons.

Considering the facts and circumstances, this application is allowed.

Let the petitioner, Md. Naushad @ Naushad, in the event of his arrest or surrender before the Court below within six weeks, be released on 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, Gaya, in connection with Rampur Police Station Case No. 128 of 2017, subject to the condition laid down under Section 438

(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Prabhakar Anand/- U √ T √