Haresh Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.5546 of 2018 Arising Out of PS.Case No. -373 Year- 2017 Thana -GARKHA District- SARAN ====================================================== Haresh Ray, son of Sikandar Ray, resident of village-Rasidpur, P.S.- Garkha, District-Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar Singh, Advocate For the Opposite Party/s : Mr. Dashrath Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 07-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Garkha P.S. Case No.373 of 2017 instituted for the offence under Section(s) 414, 353, 504, 506/34 Indian Penal Code.

Counsel for the petitioner has submitted that there is no recovery of any mobile phone from the possession of this petitioner. He has been named by co-accused, Rabindra Kumar, from whose possession alleged mobile phone has been recovered and he has taken name of this petitioner in his confessional statement before the police that this petitioner had told him to make call on mobile phone. It is further submitted that the petitioner has clean antecedents.

In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.5546 of 2018 (2) dt.07-02-2018 2/2 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 Garkha P.S. Case No.373 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, 5th, Saran, Chapra, 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 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) JA/- U T