Vinay Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15004 of 2017 Arising Out of PS.Case No. -60 Year- 2014 Thana -DANAPUR RAIL P.S. District- PATNA ====================================================== Vinay Kumar, S/o Parmeshwar Shaw, R/o Sabajpura, P.S.- Phulwari Sharif, District- Patna (Bihar).
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ghanshyam Tiwary For the Opposite Party/s : Mr. Sri Anuj Kumar Srivastava ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-04-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in G.R.P. Danapur P.S. Case No. 60 of 2014 initiated for the offence under Sections302/201/120(B)/34 of the Indian Penal Code. It is alleged that informant's father left his home on 1912-2014 but he did not return next day. Ultimately, the dead body of the father of the informant was found at Rail P.S. Danapur. It has been submitted on behalf of the petitioner that the petitioner has no criminal antecedent. The name of the petitioner has been disclosed by Chhotu Rai and Krishna Rai in paragraphs166 & 216 of the case diary. It has further been submitted that after perusal of the case diary, one of the accused Vikash Kumar and Shatrughan Kumar have already been granted privilege of anticipatory bail by learned court below itself by order dated 10-
Patna High Court Cr.Misc. No.15004 of 2017 (2) dt.12-04-2017 2/3 08-2016 passed in ABP No. 6019 & 6517 of 2016. In the impugned order, the learned Additional Sessions Judge has mentioned that name of this petitioner came in confessional statement of co-accused in paragraphs-166 & 216 of the C.D. and except that, there is nothing against the petitioner in the C.D.
Accordingly, prayer for anticipatory bail is allowed it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within four weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with G.R.P. Danapur P.S. Case No. 60 of 2014 to the satisfaction of learned Railway Judicial Magistrate-Ist Class, Patna 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 date fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bond of the petitioners and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at
Patna High Court Cr.Misc. No.15004 of 2017 (2) dt.12-04-2017 3/3 liberty to move for cancellation of bail of the petitioner. (Sanjay Priya, J) A.K.V./- U T