Dilip Bhagat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.15461 of 2018 Arising Out of PS. Case No.-234 Year-2017 Thana- KADWA District- Katihar ====================================================== Dilip Bhagat S/o Late Soti Bhagat, R/o village- Mohammadpur, P.S.- Kadwa, District- Katihar.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Suresh Prasad Sah @ Baranwal For the Opposite Party/s :

Mr. Sri Manish Kumar 2 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Kadwa P.S. case no. 234/17 instituted for the offence under Section(s) 380 and 457 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that there is no recovery of any article from his possession. The name of this petitioner has been disclosed by co-accused Naresh Bhagat. In the written report, there is allegation that theft was committed in the house of the informant in which cash of Rs. 39,000/- and ornaments have been taken away. It is mentioned in para 3 of the bail petition that petitioner has no criminal antecedents.

Patna High Court Cr.Misc. No.15461 of 2018(2) dt.12-04-2018 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 Kadwa P.S. case no. 234 of 2017, 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 learned CJM, Katihar, 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 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.