Santosh Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47229 of 2018 Arising Out of PS. Case No.-378 Year-2015 Thana- KAJI MUHAMMADPUR DistrictMuzaffarpur ====================================================== Santosh Singh, Son of Sri Nakul Singh, Resident of Village- Govardhanpur, P.O.- Gangauli, P.S.- Akodhi Gola, District- Rohtas. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun Kumar Singh For the Opposite Party/s :

Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Kazi Mohammadpur P.S.Case No. 378 of 2015 instituted for the offence under Section(s) 379 of the Indian Penal Code. Learned counsel for the petitioner has submitted that petitioner was informant of the case which was registered on 21.8.15. During investigation the I.O. of this case on 10.3.2018 after deleting the name of this petitioner became himself the informant on the basis of statement given by owner of the vehicle and made this petitioner as accused in the case. Thereafter the police is harassing the petitioner. This court finds that earlier FIR was lodged by this petitioner immediately

Patna High Court Cr.Misc. No.47229 of 2018(2) dt.29-08-2018 2/2 after the missing of the aforesaid vehicle.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Kazi Mohammadpur P.S.Case No. 378 of 2015, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned ACJM-cum-Sub Judge, 1st, East Muzaffarpur, subject to the conditions as laid down under Section 438(2) Cr. P. C. with further conditions:(1) 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 date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if 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) shyambihari/- U T