Pappu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6768 of 2017 Arising Out of PS.Case No. -20 Year- 2016 Thana -SHANKARPUR District- MADHEPURA ======================================================

1. Pappu Kumar, son of Shri Hariballav Yadav, resident of villageHaribola, Police Station- Kumarkhand, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Durgesh Kumar, Advocate For the Opposite Party/s : Mr. Rajkishore Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 13-04-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Shankarpur P.S. Case No.20 of 2016 instituted for the offence under Section(s) 392 Indian Penal Code.

It has been submitted on behalf of the petitioner that the police after investigation did not find any material against the petitioner and, therefore, no charge-sheet was submitted against him. The learned Magistrate has, however, taken cognizance against the petitioner also for the offence under Section 392 Indian Penal Code.

It is mentioned in the impugned order itself that in para 73, 74, 75, 78 and 99 of the case diary witnesses have stated that the petitioner was not present at the place of occurrence. It is

Patna High Court Cr.Misc. No.6768 of 2017 (3) dt.13-04-2017 2/2 mentioned in para 3 that the petitioner has no criminal antecedents.

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 Shankarpur P.S. Case No.20 of 2016, 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 Chief Judicial Magistrate, Madhepura, 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.