Sitesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28579 of 2018 Arising Out of PS.Case No. -18 Year- 2018 Thana -KESARIA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sitesh Kumar, son of late Pramod Kumar, resident of village- Sagar Churaman, P.S.- Kessariya, District- East Champaran,. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shakti Suman Kumar, Advocate For the Opposite Party/s : Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 23-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Kesariya P.S. Case No.18 of 2018 instituted for the offence under Section(s) 467, 468, 384 Indian Penal Code.

Counsel for the petitioner has submitted that there is allegation in the written report against the petitioner that he was identifier on the sale deed executed by the Pattidaar of the informant.

In this manner from the allegation in the written report itself, it appears that petitioner was nowhere beneficiary in the aforesaid transaction.

In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.28579 of 2018 (2) dt.23-05-2018 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 Kesariya P.S. Case No.18 of 2018, 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, XI, East Champaran, Motihari, 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 his 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.