Azad Alam @ Azad Raza v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50235 of 2017 ====================================================== Azad Alam @ Azad Raza, S/o Ishak Ansari, R/o Village- Maripur Milik, P.S.- Madhuban, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate. For the Opposite Party/s : Smt Indu Kumari Srivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Rajepur P.S. Case No. 15 of 2017 instituted for the offence under Sections 457, 380 of the Indian Penal Code. Subsequently, Section 411/34 of the Indian Penal Code was added.

Learned counsel for the petitioner has submitted that First Information Report is against unknown. The name of this petitioner has come in the confessional statement of co-accused Tabrej Alam.

It is mentioned in the impugned order that the police on secret information recovered the theft solar plate on the road in front of the house of one Anurudh Rai, Mukhiya of Madhuban South.

In such circumstances, prayer for anticipatory bail of

Patna High Court Cr.Misc. No.50235 of 2017 (3) dt.08-11-2017 2/2 the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Rajepur P.S. Case No. 15 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 learned Sub Divisional Judicial Magistrate, Sadar at Motihari, East Champaran, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner 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) S.Ali/- U T