Binay Kumar Sahni @ Binay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59587 of 2017 Arising Out of PS.Case No. -156 Year- 2016 Thana -MINAPUR District- MUZAFFARPUR ======================================================

1. BINAY KUMAR SAHNI @ BINAY KUMAR S/o Ram Bilash Sahni, R/o Village- Ghosout Chakki, P.S.- Siwaipatti, District- Muzaffarpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhavesh Kumar For the Opposite Party/s : Mr. Sri Kumar Virendra Narayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Minapur P.S. Case No. 156 of 2016 instituted for the offence under Sections-302, 201/34 of the Indian Penal Code.

It has been submitted that FIR is against unknown. The name of this petitioner has come during investigation on the basis that he has talked on mobile phone of the deceased. The learned Sessions Judge has mentioned in the impugned order that police has mentioned about involvement of this petitioner in Supervision Note as mentioned in para-24 of the case diary. 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

Patna High Court Cr.Misc. No.59587 of 2017 (2) dt.13-12-2017 2/2 bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Minapur P.S. Case No. 156 of 2016 to the satisfaction of learned Chief Judicial Magistrate, Muzaffarpur 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