Rafique @ Md. Rafique v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40922 of 2018 Arising Out of PS.Case No. -10 Year- 2018 Thana -DIGHALBANK District- KISANGANJ ======================================================

1. Rafique @ Md. Rafique, Son of Insul Ali, Resident of Village- Balubari, Police Station- Dighalbank, District- Kishanganj. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Vijay Kumar For the Opposite Party/s : Mr. Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-07-2018 The petitioner is apprehending his arrest in connection with Dighalbank P.S. Case No. 10/18, registered for offences punishable under Sections 413, 414 and 34 of the Indian Penal Code.

Allegation as per F.I.R. is that police apprehended two persons and they recovered pump sets from them. After enquiry, both accused persons have disclosed the name of the petitioner. It has been submitted on behalf of the petitioner that except confessional statement against the petitioner, there is absolutely nothing against him and he has no criminal antecedents. It has further been submitted that one of the similarly situated person has been granted anticipatory bail by a coordinate Bench of this Court vide order dated 02.07.2018 in Cr. Misc. No.34535 of

Patna High Court Cr.Misc. No.40922 of 2018 (2) dt.16-07-2018 2/3 2018.

Heard learned A.P.P. also who opposes the bail application.

Having heard both sides, considering the facts and circumstances of the case and also the fact that other similarly situated co - accused has already been granted anticipatory bail, as such, let the petitioner above named, in the event of his arrest or surrender before the court below within a period of six weeks from the date of receipt/production of a copy of this order, be enlarged on bail on furnishing bond of Rs. 25,000 (Rs. Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Kishanganj, in connection with Dighalbank P.S. Case No. 10/18, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, it is further subject to the condition that:- (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 shall cooperate in the investigation and make himself available as and when required by the police and on the

Patna High Court Cr.Misc. No.40922 of 2018 (2) dt.16-07-2018 3/3 event of failure on his part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of his bail bonds (Vinod Kumar Sinha, J) sunil/- U T