Md. Firoz v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46946 of 2018 Arising Out of PS.Case No. -111 Year- 2017 Thana -HABIBPUR District- BHAGALPUR ======================================================

1. Md. Firoz, son of Late Md. Sulfan, resident of village - Imampur, Police Station - Habibpur, District Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Praveen Kumar, Advocate For the Opposite Party/s : Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 29-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Habibpur P.S. Case No.111 of 2017 instituted for the offence under Section(s) 461, 379 Indian Penal Code.

Counsel for the petitioner submits that the petitioner has clean antecedents. There is no recovery of any stolen article from his possession.

In the written report, it is alleged that two boys were apprehended for stealing batteries and they disclosed the name of this petitioner on the pretext that petitioner had assured them to purchase the battery for rupees seven hundred each battery. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the

Patna High Court Cr.Misc. No.46946 of 2018 (2) dt.29-08-2018 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Habibpur P.S. Case No.111 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 the Additional Chief Judicial Magistrate-XII, Bhagalpur, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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) JA/- U T