Md. Shamsher Alam @ Shamsher v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29400 of 2018 Arising Out of PS.Case No. -9 Year- 2017 Thana -FORBESGANJ District- ARRARIA ====================================================== Md. Shamsher Alam @ Shamsher, son of Md. Idrish, resident of villageChakardaha, Ward No. 07, P.S. - Narpatganj, District - Araria .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-06-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Forbesganj P.S. Case No. 09 of 2017, G.R. No. 41 of 2017 instituted for the offence under Sections 364 and 392 of the Indian Penal Code. The learned Sessions Judge has mentioned in the impugned order that name of this petitioner has come during investigation on the plea that 90 bags of cement alleged to have been looted was recovered from the house of the petitioner. Learned counsel for the petitioner has submitted that First Information Report is against unknown. Petitioner has no criminal antecedent. It has further been submitted that cement bags which were recovered from the house of the petitioner belongs to him and were kept in his courtyard for construction work.

Patna High Court Cr.Misc. No.29400 of 2018 (3) dt.28-06-2018 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. 09 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 Chief 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.Ali/- Rohit Kr.

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