Md. Masud v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38838 of 2017 Arising Out of PS.Case No. -36 Year- 2014 Thana -PARBATTA District- BHAGALPUR ====================================================== Md. Masud, son of Md. Rakibuddin Bishwas, resident of village Namo Chachanda, P.S. Alamsahi, Distt. Murshidabad (West Bengal). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate. For the Opposite Party/s : Mr. Amitesh Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Parbatta P.S. Case No. 36 of 2014 instituted for the offence under Section 395 of the Indian Penal Code.

It has been submitted that petitioner is not named in the written report. His name has been disclosed by co-accused Rajiv Kumar Singh after his arrest.

It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.

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 Parbatta P.S. Case No. 36 of 2014, he shall be released on anticipatory bail on furnishing bail

Patna High Court Cr.Misc. No.38838 of 2017 (2) dt.28-08-2017 2/2 bond of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Naugachia, Distt. Bhagalpur, 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