Patna High Court - Orders
Dabu @ Farzan Ahmad & Anr. vs The State Of Bihar on 7 December, 2011
Author: Akhilesh Chandra
Bench: Akhilesh Chandra
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.29249 of 2011
1.Dabu @ Farzan Ahmad, Son of Late Juber Ahmad, R/o
Village Ghusain Kala, P.S. Bikramganj, District Rohtas.
2.Subodh Paswan, Son of Bhairo Paswan, R/o Village
Ghusian Kalan, P.S. Bikramganj, District Rohtas.
-------Petitioners
Versus
The State Of Bihar
-----Opposite Party
-----------------
03/- 07/12/2011 Heard Mr. Ravindra Nath Dubey, learned counsel
for the petitioners and Mr. Damodar Pd. Tiwary, learned
Additional Public Prosecutor for the State, who is armed with
carbon/xerox copy of the case diary up to paragraph - 29 dated
19/10/2011.
Both the petitioners apprehending their arrest in connection with a case registered for the offence punishable under Sections 467, 468, 471, 419, 420, 379, 414/34 of the Indian Penal Code, are named accused in this case from whose possession a vehicle was recovered carry allegation of getting the vehicle and making some changes in the concerned numbers.
Submission is that petitioner no. 1 is the third purchaser of the vehicle in question of which original owner was one Saroj Kumar Mallik from whom it was pass over to one Jai Shankar Pandey and at all stages no objection certificate has also been obtained from the authorities concerned before changing of ownership. Further, submission is that petitioner no. 1, though intended to file petition for release of the vehicle in his favour, but under apprehension of being arrested, did not do so earlier. Taking into consideration all such aspects, in the event of filing an application of release of the vehicle with relevant papers which shall be dealt with in accordance with law, in the event of their arrest/surrender before the court below within four weeks, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand only) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Rohtas, in connection with Bikramganj P.S. Case No. 70 of 2011, subject to condition laid down under Section 438 (2) of the Code of Criminal Procedure with additional condition to remain physically present before the court below till disposal of the case and in case of failure on two consecutive dates without giving any reasonable explanation, the liberty granted shall be deemed to be cancelled.
( Akhilesh Chandra, J.) Praveen/-