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Patna High CourtCR. MISC./45802/2017bail granted

Niranjan Kumar v. The State Of Bihar

2017-10-04Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45802 of 2017 Arising Out of PS.Case No. -119 Year- 2017 Thana -SARAIYA District- MUZAFFARPUR ====================================================== Niranjan Kumar, Son of Late Shankar Rai, Resident of Village- Khajuatte, P.O. & P.S. and District- Vaishali.

.... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr.Ashok Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-10-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Saraiya P.S.Case No.119 of 2017 instituted for the offence under Sections 379, 411, 413 and 414/34 of Indian Penal Code.

It is alleged in the written report that one Vikas Kumar was arrested and a motor cycle was recovered from his possession who disclosed that the said motor cycle has been purchased by his brother-in-law, Jitendra Ram, from Guddu Ram and Niranjan Kumar.

Learned counsel for the petitioner submits that nothing has been recovered from possession of the petitioner and his name has been disclosed by the co-accused.

Patna High Court Cr.Misc. No.45802 of 2017 (3) dt.04-10-2017 2/2 In the facts and circumstances of the case, prayer of 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 Saraiya P.S.Case No.119 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 S.D.J.M., West Muzaffarpur, 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.