Ashok Bharti @ Ashok Kumar Bharti v. The State Of Bihar
Patna High Court Cr.Misc. No.35258 of 2017 (4) dt.24-08-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.35258 of 2017 Arising Out of PS.Case No. -252 Year- 2015 Thana -BHAWANIPUR District- PURNIA ======================================================
1. Ashok Bharti @ Ashok Kumar Bharti Son of Shital Mandal , R/o Village- Chanda Bitha , P.S.- Chausa, District- Madhepura. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ram Prawesh Kumar For the Opposite Party/s : Mr. Sri Sakir Ahmad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Bhawanipur P.S. Case No. 252 of 2015 instituted for the offence under Sections-420, 467, 468, 471, 386, 504, 506, 34 of the Indian Penal Code. As per written report, son of the informant has deposited Rs. 295,000/- in the account of Shashi Bhushan Bharti in different installments on the instruction of this petitioner. Deposit slips and statement of accounts have been enclosed with the FIR which shows that all the money has been deposited in the account of Shashi Bhushan Bharti.
In this manner, there is vague allegation against this petitioner that the informant deposited Rs. 2,95,000/- in the account of Shashi Bhushan Bharti on the instruction of this petitioner. In paragraph-3 of the petition, it has been mentioned that the petitioner has
Patna High Court Cr.Misc. No.35258 of 2017 (4) dt.24-08-2017 no criminal antecedent.
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 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 Bhawanipur P.S. Case No. 252 of 2015 to the satisfaction of Shri P. K. Bharti, learned Judicial Magistrate, Purnea 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