Abhimanyu Kumar And ANR v. The State Of Bihar

Patna High Court Cr.Misc. No.32762 of 2017 (2) dt.17-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32762 of 2017 Arising Out of PS.Case No. -125 Year- 2017 Thana -NOKHA District- SASARAM (ROHTAS) ======================================================

1. Abhimanyu Kumar

2. Kamlesh Ram .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dhaneshwar Prasad Gupta For the Opposite Party/s : Mr. Sri Braj Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-07-2017 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Nokha P.S. Case No. 125 of 2017 instituted for the offence under Sections379, 411/34 of the Indian Penal Code and 40(1) of the B.M. Act. There is allegation that the petitioners are owner and driver of tractor bearing registration No. BR-24GA-3970. It is alleged that sand without valid paper were found loaded.

It has been submitted that petitioners were not apprehended on the spot. Petitioners are owner and driver of the tractor. They were in possession of valid paper. In such circumstances, prayer for anticipatory bail is allowed it is ordered that the petitioners named above, in the event of their arrest or surrender in the court below within four weeks

Patna High Court Cr.Misc. No.32762 of 2017 (2) dt.17-07-2017 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 Nokha P.S. Case No. 125 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate, Rohtas, Sasaram 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) petitioners 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 petitioners and (3) if petitioners tamper 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 petitioners.

(Sanjay Priya, J) A.K.V./- U T