Sachin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15365 of 2017 Arising Out of PS.Case No. -281 Year- 2016 Thana -SAKRA District- MUZAFFARPUR ====================================================== Sachin Kumar, Son of Sri Baidhnath Singh, Resident of Village- Ganiyari, P.S.- Sakra, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Krishna Kant Singh, Advocate. For the Opposite Party/s : Mr. Brajendra Nath Pandey, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Sakra P.S. (Bariyarpur O.P.) P.S. Case No. 281 of 2016 instituted for the offence under Section 392 of the Indian Penal Code and Sections 25(1-B)a and 35 of the Arms Act.

It has been submitted on behalf of the petitioner that his name has come in the confessional statement of co-accused Aman Kumar whose name has been disclosed by one of the witnesses namely, Rekha Kumari, in paragraph-12 of the case diary.

Learned A.P.P. after verifying the case diary has also submitted that similar statement has been made by the witnesses in paragraph-69 of the case diary.

Patna High Court Cr.Misc. No.15365 of 2017 (3) dt.01-05-2017 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 Sakra P.S. (Bariyarpur O.P.) P.S. Case No. 281 of 2016, 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 Additional Chief Judicial Magistrate-13, 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) S.Ali/- U T