Md. Hadish v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83079 of 2019 Arising Out of PS. Case No.-80 Year-2019 Thana- BHARGAMA District- Araria ====================================================== Md. Hadish, Son of Md. Tajmul, Resident of Village- Khabdah, P.S.- Narpatganj, District- Araria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Anil Prasad Singh, Adv.

For the Opposite Party/s :

Mr.Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 16-03-2020 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner in this case is seeking anticipatory bail in connection with Bhargama P.S. Case No.80 of 2019 registered for the offences punishable under Sections 379 and 411/34 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner is not named in the FIR and his name has transpired in the confessional statement of the co-accused.Ramchandra Yadav whose name had also transpired in the confessional statement of the apprehended accused has been granted privilege of anticipatory bail by a learned coordinate Bench of this Court in Cr.Misc.No.38428 of 2019. The petitioner has got no criminal antecedent.

Patna High Court CR. MISC. No.83079 of 2019(3) dt.16-03-2020 2/3 Learned APP for the State is present and has opposed the prayer for anticipatory bail of the petitioner. Considering the facts and circumstances of the case wherein this petitioner is not named in the FIR and similarly situated co-accused Ramchandra Yadav has been granted privilege of anticipatory bail by a learned coordinate Bench of this Court, let the petitioner in the event of his arrest or surrender within a period of six weeks from today, be enlarged on bail on furnishing of bail bonds of Rs. 15,000/- (fifteen thousand ) with two sureties of the like amount each to the satisfaction of Sri Kumud Ranjan, learned J.M.-1st Class, Araria in connection with Bhargama P.S. Case No.80 of 2019, subject to the condition as laid down under Section 438 (2) of the Cr.P.C. i.e.

(i) a condition that the person shall make himself available for interrogation by a police officer as and when required;

(ii) a condition that the person shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer;

Patna High Court CR. MISC. No.83079 of 2019(3) dt.16-03-2020 3/3 (iii) a condition that the person shall not leave India without the previous permission of the Court. (Rajeev Ranjan Prasad, J) arvind/- U T