Saurabh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52019 of 2017 Arising Out of PS.Case No. -943 Year- 2017 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ======================================================

1. Saurabh Kumar, Son of Santosh Kumar Singh, Resident of VillageNonsari, P.s. Nokha, District Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Pawan Kumar Singh For the Opposite Party/s : Mr. Sri Amitesh Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Sasaram (Town) P.S. Case No. 943/2017 instituted for the offence under Section 379 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that allegation against the petitioner is that he fled away with answersheet and question paper of Intermediate Supplementary Examination of Physics. Learned counsel for the petitioner has pointed out Annexure 2/1, wherein it has been shown that the petitioner has passed in 2nd Division in the aforesaid examination. As such, from the mark-sheet it appears that final result was published by the Bihar School Examination Board and he has been shown passed in

Patna High Court Cr.Misc. No.52019 of 2017 (2) dt.09-11-2017 2/2 the aforesaid examination.

Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Sasaram (Town) P.S. Case No. 943/2017, 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 the learned Chief Judicial Magistrate, Rohtas at Sasaram, subject to the conditions as laid down under Section 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 tamper 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.)