Lovely v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30380 of 2018 Arising Out of PS.Case No. -194 Year- 2016 Thana -SULTANGANJ District- PATNA ======================================================
1. Lovely, son of late Bashir Quraishi, resident of Mohalla -Nimtal Chouraha, P.S. - Sultanganj, District - Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Md. Kamaluddin, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 29-06-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Sultanganj P.S. Case No.194 of 2016 instituted for the offence under Section(s) 457 and 380 Indian Penal Code.
Counsel for the petitioner submits that he is not named in the First Information Report. He has clean antecedents. During investigation, Md. Guddu alias Takla was arrested. Md. Guddu in his confessional statement has stated that he has sold the stolen mobile to his friend lovely (petitioner), who gave Rs.3,500/- to him.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the
Patna High Court Cr.Misc. No.30380 of 2018 (3) dt.29-06-2018 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Sultanganj P.S. Case No.194 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 Chief Judicial Magistrate, Patna, 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) JA/- U T