Ful Babu @ Md. Ful Babu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45934 of 2018 Arising Out of PS.Case No. -40 Year- 2018 Thana -JHANJHARPUR District- MADHUBANI ======================================================
1. Ful Babu @ Md. Ful Babu Son of Md. Hasim Resident of VillageKadirwad, P.S. Visv Vidhalaya, District-Darbhanga. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Kuldeep Kumar, Adv. For the Opposite Party/s : Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2018 Heard the parties.
The petitioner is apprehending his arrest in connection with Jhanjharpur P.S.Case No.40 of 2018 , registered for offences punishable under Sections 395, 412 of the Indian Penal Code. Petitioner is not named in the FIR and it appears that his name transpired on the confessional statement of the co-accused. Submission of the learned counsel for the petitioner is that except confession, there is nothing against the petitioner as well as there is no recovery from him..
Heard learned A.P.P. also.
Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a
Patna High Court Cr.Misc. No.45934 of 2018 (2) dt.07-08-2018 2/2 period of six weeks from the date of receipt of the order, 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 the learned ACJM-1st, Jhanjharpur in connection with Jhanjharpur P.S.Case No.40 of 2018, subject to condition 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 bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T