Mukesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.48047 of 2018 Arising Out of PS. Case No.-120 Year-2017 Thana- DEHRI TOWN District- Rohtas ====================================================== Mukesh Kumar, Son of Ganesh Mahto, Resident of Village- Rahuliya, Police Station- Sasaram (M), District- Rohtas.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Rajani Kant Singh, Advocate For the Opposite Party/s :

Mr. Akhileshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-08-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Dehri (T) P.S. Case No. 120 of 2017 instituted for the offence under Section 414 of the IPC.

Learned counsel for the petitioner has submitted that petitioner was not apprehended at the spot. In the written report, it is alleged that police gave instruction to one of the motorcycle driver to stop, but he ran away on seeing the police party after living his motorcycle.

Learned counsel for the petitioner has submitted that petitioner is neither owner of the motorcycle nor has any concern with the alleged motorcycle.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the

Patna High Court Cr.Misc. No.48047 of 2018(2) dt.31-08-2018 2/2 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 Dehri (T) P.S. Case No. 120 of 2017 to the satisfaction of learned Sub Divisional Judicial Magistrate, Dehri, Rohtas, subject to condition as laid down u/S 438 (2) of the 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 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.