Md. Jafar @ Jafar Husain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10202 of 2017 Arising Out of PS.Case No. -94 Year- 2016 Thana -DAGARUA District- PURNIA ======================================================

1. Md. Jafar @ Jafar Husain, Son of Hafijuddin, Resident of VillageGehuma, P.s.-Dagarwa, Dist.-Purnea. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Mandal For the Opposite Party/s : Mr. Sri Shailendra Kumar -2 ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 17-04-2017 Heard the parties.

The petitioner is apprehending his arrest in connection with Dagarwa P.S.Case No.94 of 2016 registered for offences punishable under Sections 467, 406, 420 and 34 of the Indian Penal Code.

Allegation against the petitioner is under Section 406, 420 and other Sections of the Indian Penal Code and it is said that the petitioner snatched the vehicle from the Opposite Party No.2, however, it is submitted on behalf of the petitioner that the petitioner only introduced the informant to one Md. Farid as he was interested in purchasing the Tractor and thereafter he paid Rs.2,94,000/- and rest of the amount he has to pay on installment of Rs.12,100/- per month and the Tractor was handed over to the informant, however, as the informant was not paying installment, as such the Tractor has been taken by the Bank and the petitioner

Patna High Court Cr.Misc. No.10202 of 2017 (3) dt.17-04-2017 2/2 has purchased the same in auction purchase. Aforesaid fact will appear from the investigation report also.

Heard learned A.P.P. and the learned counsel for the informant also. They have opposed the prayer for bail. Having heard both sides and in view of submissions of the learned counsel for the petitioner, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of C.J.M., Purnea, District- Purnea in connection with Dagarwa P.S.Case No.94 of 2016, subject to conditions as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the police, otherwise, the prosecution is free to move for cancellation of his bail.

(Vinod Kumar Sinha, J) chn/- U