Md. Wasi Ahmad @ Md. Wasi Alam @ Basua v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.54090 of 2017 Arising Out of PS.Case No. -31 Year- 2017 Thana -BIBHUTIPUR District- SAMASTIPUR ====================================================== Md. Wasi Ahmad @ Md. Wasi Alam @ Basua, son of Md. Alimuddin @ Md. Ali, resident of village Alam Chak, P.S. Mansurchak, Distt. Begusarai (Bihar).
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Bibhutipur P.S. Case No. 31 of 2017 instituted for the offence under Sections 379/34 of the Indian Penal Code.
In the written report it is alleged that while the informant was going to meet her brother by tempo after withdrawing Rs.25,000/- from the Union Bank of India, Singhiya Ghat Branch and from A.T.M. of Punjab National Bank, two persons came on motorcycle and snatched her bag with money. Out of them, one person namely Balwant Chaudhary was apprehended on chase who disclosed the name of this petitioner. It has been submitted that petitioner has no criminal antecedent. His name has been disclosed by co-accused Balwant Chaudhary who was apprehended on chase.
Patna High Court Cr.Misc. No.54090 of 2017 (2) dt.10-11-2017 2/2 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 weeks from today, in connection with Bibhutipur P.S. Case No. 31 of 2017, 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 Additional Chief Judicial Magistrate-IV, Samastipur, 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