Prakash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26624 of 2017 Arising Out of PS.Case No. -76 Year- 2015 Thana -KATRAHA District- VAISHALI(HAJIPUR) ======================================================

1. Prakash Kumar, son of Ram Pukar Singh, resident of Village- Paharpur Saraiya, Police Station- Saraiya, District- Muzaffarpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Manish Kumar No-2, Advocate For the Opposite Party/s : Mr. Binod Kumar 3, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 21-08-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Kartahan P.S. Case No.76 of 2015 instituted for the offence under Section(s) 379, 420/34 Indian Penal Code.

It has been submitted that the petitioner is not named in the First Information Report. His name has been disclosed in the confessional statement of co-accused, Pankaj and Prabhakar, who had been arrested in connection with Belsar P.S. Case No.07 of 2016.

In the written report, the informant has alleged that two unknown persons aged about 20 and 26 years had exchanged the ATM card of the informant and withdrew money. In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.26624 of 2017 (3) dt.21-08-2017 2/2 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 Kartahan P.S. Case No.76 of 2015, 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, V, Vaishali at Hajipur, 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