Anuj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.78352 of 2018 Arising Out of PS. Case No.-208 Year-2017 Thana- BARACHATTI District- Gaya ====================================================== Anuj Kumar Son of Uday Prasad Resident of Village-Ajanawan,P.S. Mohanpur,Distt.-Gaya ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Arvind Kumar Singh For the Opposite Party/s :

Mr. Kanhaiya Kishore ====================================================== CORAM: HONOURABLE MR. JUSTICE S. KUMAR ORAL ORDER 24-01-2019 Heard learned counsel for the parties.

Petitioner seeks bail in Barachatti (Mohanpur) P.S. Case No. 208/17 registered for the offence punishable under Sections 272 and 273 of the Indian Penal Code and Sections 2(E), 3, 5(B) and 18 of Bihar Mahua Phool Act, 2006. Allegation is recovery of 200 k.g. Mahua Phools from three motorcycles. Two accused persons were apprehended from the spot and two others manged to flee away. It has been submitted on behalf of the petitioner that he is innocent and has falsely been implicated in this case. Petitioner is not named in the F.I.R. and his name has been dragged in this case due to being the owner of the one motorcycle. Petitioner has no criminal antecedent and he is in custody since 23.11.2018.

Patna High Court Cr.Misc. No.78352 of 2018(2) dt.24-01-2019 2/2 Considering the aforesaid facts and circumstances of the case, let the petitioner named above be released on bail upon furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of learned Special Judge, Excise Act, Gaya in connection with Barachatti (Mohanpur) P.S. Case No. 208/17, with following conditions:- (1)Bailors should be local having sufficient immovable property within the jurisdiction of the court concerned.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court.

(3) If the 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.

(4) If the petitioner is found involved in similar nature of offences, after his release on bail the trial court shall take steps to cancel his bail bond.

(S. Kumar, J) Sanjay/- U T