Kanhaiya Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18443 of 2017 Arising Out of PS.Case No. -486 Year- 2012 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Kanhaiya Kumar, son of Hare Krishna Prasad Singh, resident of Village +P.O.- Meghaul, P.S.- Khodabandpur, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pravin Kumar, Advocate For the Opposite Party/s : Mr. Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 17-05-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Begusarai Town P.S. Case No.486 of 2012 instituted for the offence under Section(s) 447, 341, 379, 504, 406/34 Indian Penal Code and Section 138 of the Negotiable Instruments Act. As per written report, one Ram Sogarath Mahto took tyre from the Informant on credit and total rupees four lacs sixty one thousand was due. He issued cheque for the aforesaid amount. It is alleged against this petitioner that the informant gave tyre to Ram Sogarath Mahto on the assurance of this petitioner. There is further allegation against the petitioner that he gave threat to the informant after bouncing of the cheque by putting pistol on his head. Besides this, there is no specific

Patna High Court Cr.Misc. No.18443 of 2017 (2) dt.17-05-2017 2/2 allegation against the petitioner.

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 Begusarai Town P.S. Case No.486 of 2012, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, VI, Begusarai, 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) JA/- U T