Sandip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59225 of 2017 Arising Out of PS.Case No. -20 Year- 2017 Thana -GARKHA District- SARAN ====================================================== Sandip Kumar S/o Anil Ojha @ Bhola Ojha, R/o Village- Parsa Mathura, P.S.- Parsa, District- Saran at Chapra.

.... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Vijay Kumar, Advocate For the Opposite Party/s : Smt. Sharda Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Garkha P.S. Case No.20 if 2017 instituted for the offence under Section 394 of the Indian Penal Code.

It has been submitted that F.I.R. is against unknown. The name of this petitioner has come in the confessional statement of co-accused Krishna Rai during investigation. No T.I.P. has been held in the case by the I.O. In the written report, there is allegation while the informant was proceeding on his motorcycle, three persons intercepted and one of the culprits assaulted the informant and also snatched the articles. The informant had claimed in the fardbeyan to identify the culprit by seeing their face but no T.I.P.

Patna High Court Cr.Misc. No.59225 of 2017 (3) dt.19-12-2017 2/2 has been held by the police.

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, namely above, within six weeks from today, in connection with Garkha P.S. Case No.20 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 C.J.M., Saran at Chapra, subject to the 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) N.H./- U T