Jahangir @ Jahangir Siddique @ Abdullah @ Abdulla Siddique @ Jhangir v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.81131 of 2019 Arising Out of PS. Case No.-436 Year-2019 Thana- MADHAURAH District- Saran ====================================================== JAHANGIR @ JAHANGIR SIDDIQUE @ ABDULLAH @ ABDULLA SIDDIQUE @ JHANGIR Son of Jamaluddin R/o Gudari Shaikh Toli, P.S.- Bhagwan Bazar, District - Saran ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Harsh Singh, Adv.
For the Opposite Party/s :
Mr.Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 11-12-2019 Heard learned counsel for the petitioner and learned APP for the State.
The petitioner is apprehending arrest in a case registered for the offence punishable under Section 395 of the Indian Penal Code.
The prosecution case as per the Fardbeyan of Bablu Kumar Singh is to the effect that his Four Lacks Rupees in cash and other documents were robbed by the unknown miscreants, leading to registration of FIR against unknown. Subsequently, during investigation, one Hira Kumar was arrested in Bheldi P.S. Case No.174 of 2019 and he made confession to the effect that the present offence was committed by him along with
Patna High Court CR. MISC. No.81131 of 2019(2) dt.11-12-2019 2/3 others, including the petitioner.
It is submitted by learned counsel for the petitioner that there is no recovery from the petitioner. However, the petitioner is accused in two other cases and out of two cases, in one case, he has been granted bail while other case has been compromised.
It is submitted by learned APP for the State that the name of the petitioner sprang up on the basis of confessional statement of co-accused.
Considering the fact that there is no recovery from the possession of the petitioner, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 12 weeks from today, on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Chapra, Saran, in connection with Marhowrah P.S. Case No.436 of 2019, subject to the conditions as laid down under Section 438(2) of the Cr.P.C. The bail bond of the petitioner shall be accepted by the learned court below on filing of the affidavit to the effect that he will co-operate during investigation. The said affidavit will be transmitted to the concerned I.O. Non-cooperation in the
Patna High Court CR. MISC. No.81131 of 2019(2) dt.11-12-2019 3/3 investigation will give liberty to the learned Court below to cancel the bail bonds of the petitioner.
(Dinesh Kumar Singh, J) Ashwini/- U T