Navin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7962 of 2018 Arising Out of PS.Case No. -9 Year- 2017 Thana -NTPC District- PATNA ====================================================== Navin Kumar son of Mithlesh Mahto, Resident of Village Bindtoli (Raili) P.S.N.T.P.C. (Barh) District- Patna.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Navin Kumar For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-03-2018 Heard learned counsel for the petitioner and the State.

The petitioner apprehends his arrest N.T.P.C. P.S. Case No. 9 of 2017 instituted for the offence under Sections 353, 307, 504, 379, 411/34 of Indian Penal Code.

Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in this case. It is further submitted that the petitioner is not named in the F.I.R. and nothing has been recovered from his possession. It has been said that the name of the petitioner has surfaced on the basis of confessional statement of co-accused, which has been recorded in NTPC P.S. Case No. 10 of 2017. It has been also been submitted that the petitioner has already been granted anticipatory bail in NTPC P.S. Case No. 10 of 2017 by this Hon'ble Court.

Patna High Court Cr.Misc. No.7962 of 2018 (3) dt.27-03-2018 2/2 Considering the facts and circumstances of the case, 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 NTPC P.S. Case No. 9 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 learned J.M. 1ST Class Barh District-Patna, 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 their absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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) shakir/- U