Anil Kumar v. The State Of Bihar

Patna High Court Cr.Misc. No.38715 of 2017 (2) dt.23-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38715 of 2017 Arising Out of PS.Case No. -322 Year- 2016 Thana -WAJIRGANJ District- GAYA ======================================================

1. Anil Kumar Son of Sri Madan Paswan, Resident of Village- Goraiya, P.S.- Wazirganj, District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Satya Veer For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Wajirganj (Tankuppa) P.S. Case No. 322 of 2016 instituted for the offence under Sections379/411 of the Indian Penal Code. It has been submitted that the petitioner has clean antecedent. There is no recovery from his possession. His name has been disclosed by the persons who have been apprehended by police. In the written report, it is alleged that three persons were apprehended by the police who were found sitting on a motorcycle along with an idol. Those persons disclosed the name of this petitioner and other accused persons engaged in committing the theft of idol. In such circumstances, prayer for anticipatory bail is 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

Patna High Court Cr.Misc. No.38715 of 2017 (2) dt.23-08-2017 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 in Wajirganj (Tankuppa) P.S. Case No. 322 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate-Ist, Gaya subject to condition as laid down u/S 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 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