Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54157 of 2017 Arising Out of PS.Case No. -158 Year- 2017 Thana -DARBHANGA SADAR DistrictDARBHANGA ======================================================

1. Rahul Kumar, son of Ram Ekbal Sah, resident of village- Rajopatti, P.S.- Mehasaul O.P., District- Sitamarhi.

.... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Virendra Kumar, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 23-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Sadar (Mabbi OP) P.S. Case No.158 of 2017 instituted for the offence under Section(s) 323, 324, 325, 353, 307, 401, 413, 414, 467, 468, 471, 420, 120-B Indian Penal Code.

Counsel for the petitioner has submitted that he has no criminal antecedents.

As per written report, two persons were apprehended by the police along with motorcycle and gas cylinder. They disclosed the name of this petitioner and other persons in their confessional statement before the police. It has been submitted that there is no recovery of

Patna High Court Cr.Misc. No.54157 of 2017 (4) dt.23-11-2017 2/2 any incriminating article from the possessions of the petitioner. 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 Sadar (Mabbi OP) P.S. Case No.158 of 2017, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Darbhanga, 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 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) JA/- U T