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Patna High CourtCR. MISC./25024/2018bail granted

Noor Alam @ Noor @ Aklakh @ Eklakh v. The State Of Bihar

2018-06-21Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25024 of 2018 Arising Out of PS.Case No. -432 Year- 2017 Thana -AJAMNAGAR District- KATIHAR ====================================================== Noor Alam @ Noor @ Aklakh @ Eklakh, S/o Nashim @ Md. Nasimuddin , R/o Vill.- Bijhat, P.S.- Harishchandrapur, District- Malda (Bengal). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bimal Kumar, Advocate. For the Opposite Party/s : Mr. Asharaf Ansari, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-06-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Azam Nagar P.S. Case No. 432 of 2017 instituted for the offence under Sections 356 and 379/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that petitioner has clean antecedent. The First Information Report is against unknown. It has further been submitted that name of this petitioner has come in the confessional statement of co-accused Md. Masoom. There is no recovery of any incriminating article from possession of the petitioner.

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

Patna High Court Cr.Misc. No.25024 of 2018 (3) dt.21-06-2018 2/2 weeks from today, in connection with Azam Nagar P.S. Case No. 432 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 Additional Chief Judicial Magistrate-VI, Katihar, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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