Akhtar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.25709 of 2018 Arising Out of PS.Case No. -559 Year- 2017 Thana -FORBESGANJ District- ARRARIA ====================================================== Akhtar, son of Late Md. Nuruddin @ Nuruddin, Resident of VillageBathnaha, P.S. Kasba, District Purnea. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Ram Prawesh Kumar, Advocate. For the Opposite Party/s : Mr. Sanjay Kumar Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-05-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Forbesganj P.S. Case No. 559 of 2017 instituted for the offence under Section 395 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that First Information Report is against unknown. There is no recovery from possession of this petitioner. The name of this petitioner has come in the confessional statement of co-accused Rahmat Ali who was arrested in connection with Jogbani P.S. Case No. 201 of 2017. The Sessions Judge has also mentioned in the impugned order that name of this petitioner has been disclosed by coaccused Rahmat Ali in his confessional statement before the police after his arrest in Jogbani P.S. Case No. 201 of 2017.

Patna High Court Cr.Misc. No.25709 of 2018 (3) dt.17-05-2018 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 Forbesganj P.S. Case No. 559 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, Araria, 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.