Pawan Kumar Bharati v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3185 of 2018 Arising Out of PS.Case No. -180 Year- 2016 Thana -PUPRI District- SITAMARHI ======================================================

1. Pawan Kumar Bharati, S/o Rajendra Bharati, R/o Village- Bhatiyan, P.S.- Sakari, District- Madhubani.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar Mishra, Advocate For the Opposite Party/s : Mr. Ram Sumiran Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 19-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Pupari P.S. Case No.180 of 2016 instituted for the offence under Section(s) 381, 406, 420 Indian Penal Code.

It has been submitted that petitioner is driver of the truck of which the informant is owner. There was some dispute with regard to payment of money and on account of such dispute instant case has been filed.

It has been mentioned in para 8 of the bail petition that key of the truck was found with the petitioner during investigation and the police also recovered the truck on the basis of aforesaid key from the house of the informant.

Patna High Court Cr.Misc. No.3185 of 2018 (2) dt.19-02-2018 2/2 In the facts and circumstances of the case, prayer of 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 Pupari P.S. Case No.180 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Sitamarhi, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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