Sanjay Kumar @ Sanjay Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.9350 of 2018 Arising Out of PS.Case No. -344 Year- 2017 Thana -KHARAGPUR District- MUNGER ======================================================
1. Sanjay Kumar @ Sanjay Yadav, Son of Late Chandradeo Yadav @ Chandra Shekhar Yadav, Resident of Village+P.O.- Khaira, Police Station- Kharagpur, Sub-Registry Office- Naveli Kharagpur, DistrictMunger. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Ranjan, Advocate For the Opposite Party/s : Mr. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 27-02-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Kharagpur P.S. Case No.344 of 2017 instituted for the offence under Section(s) 302, 201/34 Indian Penal Code.
It is alleged in the written report that dead body of husband of the informant was found in a bush near SDO Office, Kharagpur. The informant has further alleged that this petitioner had come to her house searching her husband, who had gone to market. He sat for some hours in the room and thereafter went away saying that Munshi has come and he has to take signature from Ram Mandal (since deceased) for registration of the land. It is further alleged that few days prior to the occurrence on the
Patna High Court Cr.Misc. No.9350 of 2018 (3) dt.27-02-2018 2/3 issue of measurement of land, relatives of this petitioner, namely, Dinesh Yadav had come along with one Krishnadeo Sah in connection with aforesaid land.
Case diary has been received.
Learned APP has submitted that in the case diary mere suspicion has been raised against this petitioner In the written report also, mere suspicion has been raised against this petitioner.
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 Kharagpur P.S. Case No.344 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 Additional Chief Judicial Magistrate- IV, Munger, 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
Patna High Court Cr.Misc. No.9350 of 2018 (3) dt.27-02-2018 3/3 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