Setu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.8966 of 2018 Arising Out of PS.Case No. -134 Year- 2016 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Setu Singh S/o Pramod Singh @ Pramod Kumar, R/o Mohalla- Mikal Colony Baswariya, P.S.- Town Bettiah, District- West Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dr. Satyendra Kumar Srivastava For the Opposite Party/s : Mr. Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Paharpur P.S. Case No. 134/2016 instituted for the offence under Section 392 of the Indian Penal Code.

It has been alleged in the written report that while the informant was coming to his house along with his Bhabhi, in the way, three miscreants on the point of knife looted his motorcycle and also threw his mobile in the water.

Learned counsel for the petitioner has submitted that the F.I.R. is against unknown. The name of the petitioner has come in confessional statement of co-accused Suraj Kumar, which appears from para 41 of the case diary. It has further been submitted that the petitioner has got no criminal antecedent.

Patna High Court Cr.Misc. No.8966 of 2018 (3) dt.26-03-2018 2/2 Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Paharpur P.S. Case No. 134/2016, 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 learned Chief Judicial Magistrate, Motihari, East Champaran, subject to the conditions as laid down under Section 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 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 petitioner. (Sanjay Priya, J.)