Munna Roy @ Pradeep Roy v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52890 of 2017 Arising Out of PS.Case No. -145 Year- 2015 Thana -NAUTAN District- SIWAN ======================================================
1. Munna Roy @ Pradeep Roy Son of Shri Bishwanath Roy, Resident of Village-Kabilashwa, Police Station Mirganj, District Gopalganj .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Singh For the Opposite Party/s : Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Nautan P.S. Case No. 145 of 2015 instituted for the offence under Sections-302, 201/34 of the Indian Penal Code.
It has been submitted that there is no eye witness of this case. The allegation against this petitioner is that he was last seen with the deceased.
In the written report, it is alleged that the petitioner was seen on motorcycle with the deceased at 4.00 p.m. It is alleged in the written report that cousin of the informant had gone to house of this petitioner for treatment but he did not return to his house. It has further been alleged that the informant during search, learnt that he was last seen moving on motorcycle with this
Patna High Court Cr.Misc. No.52890 of 2017 (3) dt.05-12-2017 petitioner. The informant got information on 06-01-2015 at 4.00 p.m. that one dead body is lying on the bank of Sona river. The informant went there and identified the dead body of his cousin brother.
C.D. has been received.
The learned APP has submitted that there is no eye witness of the case. Witnesses have merely alleged that the deceased was last seen with the petitioner.
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 bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Nautan P.S. Case No. 145 of 2015 to the satisfaction of learned Chief Judicial Magistrate, Siwan 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
Patna High Court Cr.Misc. No.52890 of 2017 (3) dt.05-12-2017 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