Deo Kumar Kanu @ Deo Kumar Shah v. State Of Bihar And ANR
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.10452 of 2018 Arising Out of PS. Case No.-513 Year-2013 Thana- BUXAR COMPLAINT CASE DistrictBuxar ====================================================== Deo Kumar Kanu @ Deo Kumar Shah, S/o Late Ram Bilash Sah @ Belash Ram, R/o Village- Brahampur, P.S.- Brahampur, District- Buxar. ... ... Petitioner/s
Versus
1. The State of Bihar.
2. Kanhaiya Yadav S/o Vijadhar Yadav, R/o Village- Lalanjee Dera, P.S.- Barhampur, District- Buxar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Awadhesh Kumar Mishra For the Opposite Party/s :
Mr. Ram Priya Saran Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-02-2018 Heard learned counsel for the petitioners and the State.
The petitioners apprehend arrest in Complaint Case No. 513(C) of 2013 instituted for the offence under Sections 406,420,120(B) of the IPC.
Counsel for the petitioner has submitted that there is no any document to support the allegation in the complaint that Rs. 3,00,000/- cash was taken by this petitioner from the complainant for getting job for his son.
It has been submitted that son of the complainant went to join on the basis of forged appointment letter for which Executive Engineer Road Construction Department, Supaul lodged Supaul P.S. Case No. 17 of 2013 against the son of
Patna High Court Cr.Misc. No.10452 of 2018(2) dt.28-02-2018 2/2 informant. Thereafter, the instant case has been lodged against the petitioner.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Complaint Case No. 513(C) of 2013 to the satisfaction of the learned Additional Chief Judicial Magistrate-VI, Buxar, subject to condition as laid down u/S 438 (2) of the Cr. P.C.
with further conditions (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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the 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) khushbu/- U T