Md. Asif v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31031 of 2015 Arising Out of PS.Case No. -16 Year- 2015 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Md. Asif Son of Md. Aurangzeb .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Diwakar Yadav For the Opposite Party/s : Mr. S.N.Shukla (App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 04-08-2015 Heard learned counsels for the petitioner and the State. The petitioner is apprehending arrest in a case registered for the offences punishable under Section 379 of the Indian Penal Code, subsequently, section 411 IPC was also added. On theft of motorcycle of the informant, the FIR was lodged against unknown. The name of the petitioner sprang up during investigation on confession of co-accused. It is submitted by learned counsel for the petitioner that the petitioner is not named in the FIR. The FIR named witnessed maliciously tried to rop the petitioner in the present case and the CCTV footage does not reflect complicity of the petitioner. A statement has been made in paragraph 3 of the petition that the petitioner has no criminal antecedent.
Considering the aforesaid facts, let the above named
Patna High Court Cr.Misc. No.31031 of 2015 (2) dt.04-08-2015 2/2 petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Bhagalpur in connection with Kotwali (Bhagalpur) P.S. Case No.16 of 2015, subject to the conditions as laid down under Section 438(2) Cr.P.C.
The bail bond of the petitioner will be accepted on filing of the affidavit by the petitioner before the learned court below to the effect that he will regularly co-operate in the investigation. Non-cooperation in the investigation by the petitioner will give liberty to the learned court below to cancel the bail bonds of the petitioner.
(Dinesh Kumar Singh, J) Ashwini/- U T