Sunil Roy @ Sunil Kumar Roy v. The State Of Bihar

Patna High Court Cr.Misc. No.31559 of 2017 (2) dt.18-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31559 of 2017 Arising Out of PS.Case No. -203 Year- 2016 Thana -GHANSHYAMPUR District- DARBHANGA ======================================================

1. Sunil Roy @ Sunil Kumar Roy Son of Late Bishnu Kant Roy, Resident of Village and P.S.- Ghanshyampur, District- Darbhanga. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pranav Kumar Jha For the Opposite Party/s : Mr. Smt. Veena Rani Prasadd. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Ghanshyampur P.S. Case No. 203 of 2016 instituted for the offence under Sections-406, 420/34 of the Indian Penal Code. It is submitted on behalf of the petitioner that both the informant and the petitioner belong to the same family. The petitioner has half share in the entire property as per genealogical table. The compensation amount has been given to the petitioner by the Land Acquisition Officer after proper verification of the document and genealogical table.

Therefore, the petitioner has not committed any breach of trust in taking the amount.

In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.31559 of 2017 (2) dt.18-07-2017 allowed it is ordered that the petitioner named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Ghanshyampur P.S. Case No. 203 of 2016 to the satisfaction of learned Sub Divisional Judicial Magistrate, Biroul, Darbhanga subject to condition as laid down u/S 438(2) of the 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) A.K.V./- U T