Sanjay Sharma v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40516 of 2017 Arising Out of PS.Case No. -29 Year- 2017 Thana -DERNI District- SARAN ======================================================

1. Sanjay Sharma Son of Vichari Sharma Resident of -Murli Sirisiya, P.S.- Bheldi, District-Saran .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ajay Kr Singh No.1 For the Opposite Party/s : Mr. Sir Pramod Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-09-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

The petitioner apprehend his arrest in connection with Derni P.S. Case No.29 of 2017 instituted for the offence under Sections 413, 414/34 of the Indian Penal Code.

It has been submitted by the petitioner that his name has been taken by co-accused who was apprehended by the police along with motor-cycle. In the written report, it is alleged that police apprehended Babloo Kumar with motorcycle for which he could not produce any paper. He told before the police that he had purchased the motor-cycle from this petitioner which is stolen motorcycle. As such the name of this petitioner has come in the written report on the basis of statement of co-accused who

Patna High Court Cr.Misc. No.40516 of 2017 (2) dt.04-09-2017 2/2 was arrested with the motor-cycle.

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 Derni P.S. Case No.29 of 2017 to the satisfaction of learned C.J.M., Saran, 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 petitioners 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.

Sanjeev/- (Sanjay Priya, J) U T