Laxmikant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46166 of 2018 Arising Out of PS.Case No. -127 Year- 2018 Thana -BARUN District- AURANGABAD ====================================================== Laxmikant Kumar, S/o Thakur Dayal, R/o Vill.- Amirtha, P.S.- Kudra, District- Kaimur (Bihar).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Pandey, Advocate For the Opposite Party/s : Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Barun P.S. Case No.127 of 2018 instituted for the offence under Sections 379, 411, 420/34 of the Indian Penal Code, Section 4/40 of M.M.C.R. and Section 15 E. P. Act.

Counsel for the petitioner has submitted that petitioner is owner of the tractor seized by the police. As per First Information Report he was having valid paper of the tractor. He was not aware of sand having been loaded by the driver. Petitioner has clean antecedent. It has further been submitted that co-accused Rajesh Kumar has already been granted anticipatory bail by coordinate Bench of this Court vide order dated 10.08.2018 passed in Cr. Misc. 46749 of 2018.

Patna High Court Cr.Misc. No.46166 of 2018 (2) dt.16-08-2018 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Barun P.S. Case No.127 of 2018, 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 learned Chief Judicial Magistrate, Aurangabad, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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) S.Ali/- Rohit Kr.

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