Imamul And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.40105 of 2018 Arising Out of PS.Case No. -125 Year- 2013 Thana -JOGBANI District- ARRARIA ======================================================
1. Imamul Son of Hazi Sahib Resident of Village Lalpur, P.S. Birpur, Dist. Supaul.
2. Md. Jabir Son of Md. Jalaluddin Resident of Village : Beriya Raj, P.S. Birpur, District Supaul.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Dilip Kumar Roy For the Opposite Party/s : Mr. Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 07-08-2018 The petitioners are apprehending their arrest in connection with Jogbani P.S. Case No. 125 of 2013, registered for offences punishable under Section 395 of the Indian Penal Code. Allegations against the petitioners is of committing dacoity in the house of the informant.
Submission of learned counsel for the petitioners that they are not named in the F.I.R., their names transpired only on the basis of confessional statement of co-accused and except confessional statement, there is nothing against the petitioners and they have no criminal antecedents also. It has further submitted that police after investigation submitted final form; however the cognizance was taken by the Magistrate.
Heard learned A.P.P. also.
Having heard both sides, in view of the above facts, let the petitioners above named, in the event of their arrest or
Patna High Court Cr.Misc. No.40105 of 2018 (3) dt.07-08-2018 2/2 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) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Araria, in connection with Jogbani P.S. Case No. 125 of 2013, subject to the conditions as laid down under Section 438(2) of the Cr.P.C, as well as subject to the following conditions, it is further subject to the condition that:- (i) One of the bailors of the petitioners shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
(ii) The petitioners shall cooperate in the investigation and make themselves available as and when required by the police and on the event of failure on their part to appear before the police on two consecutive dates without showing any genuine reasons, the prosecution is free to move for cancellation of their bail bonds.
(Vinod Kumar Sinha, J) sunil/Amjad/- U T