Bablu Kumar @ Bablu Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38165 of 2018 Arising Out of PS.Case No. -146 Year- 2017 Thana -MATIHANI District- BEGUSARAI ======================================================

1. Bablu Kumar @ Bablu Singh, S/o Pankaj Singh, R/o Village- Ram Nagar, P.S. Matihani, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Smt. Sahin Begam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-07-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Matihani P.S. Case No. 146 of 2017 instituted for the offence under Section-379 of the Indian Penal Code.

Counsel for the petitioner submits that the alleged motorcycle is said to have been recovered from joint possession of this petitioner and another accused of Cheriya Bariyarpur P.S. Case No. 133 of 2017. The petitioner was also made accused in the aforesaid Cheriya Bariyarpur P.S. Case No. 133 of 2017 for recovery of the aforesaid motorcycle and he has been released on bail in that case. Supplementary affidavit has been filed on behalf of the petitioner, in which, it has been stated that in the second case i.e. Cheriya Bariyarpur P.S. Case No. 133 of 2017 also, the petitioner has been made accused.

In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.38165 of 2018 (3) dt.16-07-2018 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 in Matihani P.S. Case No. 146 of 2017 to the satisfaction of Shri Juned Alam, learned Judicial Magistrate-Ist Class, Begusarai 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 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) A.K.V.