Chandra Shekhar Sao @ Chandra Shekhar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9897 of 2018 Arising Out of PS.Case No. -105 Year- 2017 Thana -HALSI District- LAKHISARAI ======================================================

1. Chandra Shekhar Sao @ Chandra Shekhar Kumar, Son of Ajay Sao, Resident of Village-Mirzaganj, P.S.-Sikandra, District-Jamui. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Siddharth Harsh For the Opposite Party/s : Mr. Sri Parmanand Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Halsi P.S. Case No. 105 of 2017 instituted for the offence under Sections-363. 365 of the Indian Penal Code.

Counsel for the petitioner submits that he is not named in the FIR. There is no any specific allegation of overt act against the petitioner. There is no recovery of any incriminating articles from possession of the petitioner. The learned Sessions Judge has mentioned in the impugned order that petitioner's name surfaced in this case on the basis of confessional statement of Gorelal Mahto. In such circumstances, prayer for anticipatory bail is allowed and 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

Patna High Court Cr.Misc. No.9897 of 2018 (3) dt.27-03-2018 2/2 bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Halsi P.S. Case No. 105 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai 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