Bikki Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.29353 of 2018 Arising Out of PS.Case No. -18 Year- 2018 Thana -RAXAUL DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Bikki Singh, son of Yogendra Singh @ Yogendra Kaur @ Yogendra Kunwar, resident of village- Bahuari, P.S. Ramgarhwa, District- East Champaran (Motihari) .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ansuman Singh, Advocate : Mr. Ramakant Yadav, Advocate For the Opposite Party/s : Mrs. Renuka Ratnakar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 29-06-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Raxaul P.S. Case No.18 of 2018 instituted for the offence under Section(s) 394 Indian Penal Code.

First Information Report is against unknown. The name of the petitioner has come in the confessional statement of co-accused, namely, Rupesh Mishra, Guddu Ram and Sonalal Yadav @ Nanhaki as recorded in para 25, 30 and 32 of the case diary. It is mentioned in the case diary that on the basis of confessional statement of those persons raid was conducted in the house of petitioner and Nepali currency was recovered from the bed of this petitioner.

Learned counsel for the petitioner has submitted that petitioner has kept that money for purchase of land for which

Patna High Court Cr.Misc. No.29353 of 2018 (3) dt.29-06-2018 2/2 agreement for sale with the vendor was made prior to the occurrence on 28.01.2018. Aforesaid agreement of sale has been annexed as Annexure-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 Raxaul 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 Chief Judicial Magistrate, 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. (Sanjay Priya, J) JA/- Rohit Kr.

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