Anamul Haque v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4639 of 2020 Arising Out of PS. Case No.-578 Year-2018 Thana- KISHANGANJ District- Kishanganj ====================================================== ANAMUL HAQUE Son of Sahabuddin @ Md. Sahabuddin Resident of Village - Dharampur, P.S.- Goalpokhar, Distt - Uttar Dinajpur (W.B.) ... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Md. Rashid Alam For the Opposite Party/s :
Mr.Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 23-01-2020 Heard learned counsel for the petitioner and learned counsel for the State.
Petitioner, who is in custody seeks bail in a case registered under Sections 395, 397, 412, 396 of the Indian Penal Code and 3⁄4 Explosive Substance Act and 25(1-b) (a) 26, 27, 35 Arms Act.
Informant has alleged in his written complaint that some miscreants entered his house and committed dacoity and thereafter exploded the bomb. Petitioner and three other accused persons were apprehended by the villagers and handed over to the police.
It has been submitted on behalf of petitioner that petitioner is innocent and has been falsely implicated in this case due to enmity and village rivalry. Similarly placed co-
Patna High Court CR. MISC. No.4639 of 2020(2) dt.23-01-2020 2/3 accused have been granted bail by a co-ordinate Bench of this Court as contained in Annexure- 3 series. Petitioner is in custody since 13.09.2018.
Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 20,000/- (twenty thousand) with two sureties of the like amount each to the satisfaction of learned court below, in connection with Kishanganj P.S. Case No. 578 of 2018 subject to the conditions that:-
(1) Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.
(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and his absence on two consecutive dates without proper and sufficient reason the trial court will be at liberty to cancel his bail bond.
(3) If the petitioner tampers with the evidence or the witnesses of the case, in
Patna High Court CR. MISC. No.4639 of 2020(2) dt.23-01-2020 3/3 that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(S. Kumar, J) veena/- U T