Chandan @ Chandan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26660 of 2017 Arising Out of PS.Case No. -71 Year- 2017 Thana -RAJIVNAGAR District- PATNA ======================================================
1. Chandan @ Chandan Kumar, son of Shyam Choudhary, resident of village- A.G. Colony Main Road, P.S.- Shastri Nagar, District- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Jay Ram Prasad, Advocate For the Opposite Party/s : Smt. Asha Devi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 06-07-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends his arrest in Rajeev Nagar P.S. Case No.71 of 2017 instituted for the offence under Section(s) 420, 467, 468, 471 Indian Penal Code and Section 3 of Public Property Damage Act.
As per First Information Report lodged by the Executive Engineer, Bihar State Housing Board, some construction work was being done on Digha - Ashiana Road as mentioned in para 2 of the written report. The informant has alleged that on enquiry he learnt that this construction was done by this petitioner.
It has been submitted on behalf of the petitioner that he has no concern with the aforesaid construction. The aforesaid
Patna High Court Cr.Misc. No.26660 of 2017 (2) dt.06-07-2017 2/2 land does not belong to him.
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 Rajeev Nagar P.S. Case No.71 of 2017, 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 Sub Judge IIIcum-ACJM, Patna, 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