Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47470 of 2017 Arising Out of PS.Case No. -21 Year- 2017 Thana -BIHTA District- PATNA ======================================================

1. Gautam Kumar S/o Ramashish Prasad Yadav, resident of VillageBudaudin Chak, Police Station Barh, District Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Premchandra Yadav For the Opposite Party/s : Mr. Sri Nawal Kishore Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-10-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Bihta P.S. Case No. 21 of 2017 instituted for the offence under Sections-420, 467, 468 and 471 of the Indian Penal Code.

The petitioner has no criminal antecedent.

There is allegation in the written report that in the examination conducted by Railway Recruitment Board, in place of this petitioner, one Raju Kumar was found writing in the examination. The said Raju Kumar confessed his guilt.

Learned Sessions Judge has mentioned in the impugned order that Raju Kumar in confessional statement, has taken the name of this petitioner.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event

Patna High Court Cr.Misc. No.47470 of 2017 (2) dt.16-10-2017 2/2 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 Bihta P.S. Case No. 21 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate, Danapur, Patna 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