Laxman Mahton v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38598 of 2017 Arising Out of PS.Case No. -130 Year- 2017 Thana -BAKHRI District- BEGUSARAI ====================================================== Laxman Mahton Son of Late Ino Mahton resident of Village - Shalona, Ward No. 11, P.S. - Bakhri, District - Begusarai. .... .... Petitioner.

Versus

The State of Bihar.

.... .... Opposite Party.

====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kumar Sinha For the Opposite Party/s : Mr. Sri Ramchandra Sahani ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Bakhri P.S. Case No. 130 of 2017 instituted for the offence under Sections-457 & 380 of the Indian Penal Code.

It has been submitted that mere suspicion has been raised against this petitioner. It is alleged in the written report that theft has been committed in the house of informant. The informant alleged in the written report that he suspected that this petitioner has got theft committed in his house by managing two unknown persons, who were found moving around his house since three days prior to the occurrence. As such, mere suspicion has been raised against this petitioner. In paragraph-3 of the petition, it has been mentioned that the petitioner has no criminal antecedent.

In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.38598 of 2017 (2) dt.22-08-2017 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 bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Bakhri P.S. Case No. 130 of 2017 to the satisfaction of learned Additional Chief Judicial MagistrateV, Begusarai subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (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