Ajay Kumar @ Ajay Kumar Gupta v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52515 of 2017 Arising Out of PS.Case No. -212 Year- 2016 Thana -KIUL RAIL P.S. District- LAKHISARAI ======================================================

1. Ajay Kumar @ Ajay Kumar Gupta Son of Sri Panna Lal Gupta Resident of Mohalla - Jaitiya, P.S. - Gaurichak, District - Patna. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Abhay Kumar For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in G.R.P. Kiul P.S. Case No. 212 of 2016 instituted for the offence under Sections-379/328 of the Indian Penal Code.

It has been submitted that the petitioner has clean antecedent.

The mobile which is said to be stolen article was never put on TIP. It has further been submitted that in fact, the petitioner has deposited the mobile in question in G.R.P. Kiul Police Station on 1304-2017 as mentioned in paragraph-8 of the bail petition. 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.52515 of 2017 (3) dt.16-11-2017 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 G.R.P. Kiul P.S. Case No. 212 of 2016 to the satisfaction of learned Additional Chief Judicial Magistrate, Railway, Kiul 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