Sanjeev Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63310 of 2017 Arising Out of PS. Case No.-231 Year-2016 Thana- SHASTRINAGAR District- Patna ====================================================== Sanjeev Kumar, S/o Brij Kishore Prasad Sinha @ Braj Kishore Prasad Sinha, had earlier office at 18, Telegraph Colony, P.S. Kiwaipuri, Patna 800001 and at present office at Sheikhpura House, Sheikhpura, P.O.- B.V. College P.S.- Shastrinagar, District- Patna ... Petitioner
Versus
The State of Bihar ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ravi Shankar Ganguli, Adv.
For the Opposite Party :
Mr. RAM SUMIRAN ROY, APP 240 For the Beltron : Mr. Girijesh Kumar, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-03-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in connection with Shastrinagar P.S. Case No. 231 of 2016 instituted for the offence under Sections 419 and 420/34 of the Indian Penal Code.
The learned counsel for the petitioner has submitted that other co-accused with similar allegation has already been granted anticipatory bail vide order, dated 08.11.2017, passed in Cr. Misc. No. 30353 of 2017. Mr. Girijesh Kumar learned counsel appearing for Beltron Company has appeared on 28.02.2018 and sought time to go through the supplementary affidavit and to file
Patna High Court Cr.Misc. No.63310 of 2017(4) dt.07-03-2018 2/3 counter affidavit, but no counter affidavit has been filed. The counsel for the petitioner submits that this application is on behalf of one of the Directors of the Company.
The order granting anticipatory bail to other coaccused passed on 08.11.2017 in Cr. Misc. No. 30353 of 2017 has been annexed as Annexure 9 to this application, which is detailed and speaking order. The case of the petitioner is of similar footing.
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 Shastrinagar P.S. Case No. 231 of 2016 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 Judicial Magistrate 1st Class, Patna, subject to the conditions as laid down under Section 438(2) Criminal Procedure Code 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
Patna High Court Cr.Misc. No.63310 of 2017(4) dt.07-03-2018 3/3 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.
(Sanjay Priya, J) Shamshad/- U T