Ashik Ahmad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55527 of 2017 Arising Out of PS.Case No. -178 Year- 2017 Thana -AADAPUR DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Ashik Ahmad, Son of Mehandi Mian, Resident of Village- Murtiya, P.S.- Adampur, 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 : Mr. Dilip Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Adapur P.S. Case No. 178 of 2017 instituted for the offence under Sections 341, 323, 324 and 353/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that in the written report it is alleged that two persons were attempting to take 40 she buffalo from India Border to Nepal. The informant told them to stop but they started running away and one of them attempted to assault the informant. The informant alleged to have identified one of them as Ashik Ahmad (petitioner) whereas another miscreant became successful in taking 30 she buffalo. As such, from the impugned order itself it appears that there is general and omnibus allegation against this petitioner.

Patna High Court Cr.Misc. No.55527 of 2017 (2) dt.22-11-2017 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Adapur P.S. Case No. 178 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, Raxaul, 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