Neeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9797 of 2019 Arising Out of PS. Case No.-291 Year-2017 Thana- GAURICHAK District- Patna ====================================================== Neeraj Kumar (Male), aged about 42 years, Son of Late Satyendra Prasad, resident of village - Mohanpur, P.S.-Punpun, Dist.-Patna, ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ramji Kumar For the Opposite Party/s :

Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 19-02-2019 Heard learned counsel for the petitioner and learned counsel for the State.

In this case, the petitioner is seeking anticipatory bail in connection with Gaurichak P.S. Case No. 291 of 2017 registered for the offence under Sections 420 and 120B of the Indian Penal Code.

Allegation has been made against the petitioner that he has sworn as a witness in a fraudulent transaction. Learned counsel for the petitioner submits that coaccused, Shiv Pujan Singh, has been granted anticipatory bail by this Court in Criminal Miscellaneous No.61560 of 2017. He further submits that the petitioner has no criminal antecedent. Looking to the aforesaid facts, let the petitioner, namely, Neeraj Kumar, be released on anticipatory bail in the

Patna High Court Cr.Misc. No.9797 of 2019(3) dt.19-02-2019 2/2 event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of the A.C.J.M., Patna City, Patna, in connection with Gaurichak P.S. Case no. 291 of 2017, subject to the condition as laid down under Section 438(2) of the Code of Criminal Procedure. Further condition is that whenever the police will call the petitioner for the purposes of investigation and interrogation, he will remain present for the investigation. In the event of being absent on two consecutive dates without reasonable explanation, the present order will be treated to have been cancelled.

However, at the time of accepting the bail bonds, the Court below would verify and assure itself regarding the criminal antecedent of the petitioner. If he is having clean antecedent, then his bail bond would be accepted. If he is found to be involved in any other case before filing of this application i.e. 16.02.2019, then his bail bond would not be accepted.