Qaiyum v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47286 of 2018 Arising Out of PS. Case No.-148 Year-2016 Thana- MAHESI District- East Champaran ====================================================== Qaiyum, Son of S.K. Ghaffar, resident of Village- Amwa Kankatti, P.S.- Mehsi, District- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Vijay Shankar Shrivastava For the Opposite Party/s :

Mr. Sri Manoj Kumar - 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Mehsi P.S. Case No. 148 of 2016 instituted for the offence under Section(s) 414/34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that petitioner has clean antecedent and his name has been taken by co-accused Dharmendra Rai, who was apprehended by the police. Learned counsel for the petitioner has further submitted that on the basis of statement of Dharmendra Rai, looted motorcycle was recovered from his house. The seizure list is part of the FIR at page No. 15, which bears signature of Dharmendra Rai.

In the facts and circumstances of the case, prayer of the

Patna High Court Cr.Misc. No.47286 of 2018(2) dt.30-08-2018 2/2 petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Mehsi P.S.Case No. 148 of 2016, 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 the ACJM-6th, 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.