Jitendra Bhindvar @ Jitu Bhindvar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34501 of 2018 Arising Out of PS.Case No. -120 Year- 2017 Thana -BIRPUR District- SUPAUL ====================================================== Jitendra Bhindvar @ Jitu Bhindvar, Son of Jamun Bhindvar, Resident of Village- Bhawanipur, Police Station- Birpur, District- Supaul. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Arun, Advocate. For the Opposite Party/s : Mr. Manoj Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-07-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Birpur P.S. Case No. 120 of 2017 instituted for the offence under Sections 147, 148, 149, 504, 506 of the Indian Penal Code, Sections 27, 25(1-B)A and 26 of the Arms Act.

Learned counsel for the petitioner has submitted that petitioner is not named in the written report. The name of this petitioner has come during investigation on the basis that there was evidence against the petitioner of using Motorcycle in question. Counsel for the petitioner has pointed out seizure list of the Motorcycle which is said to have been seized from the Darwaza of the petitioner but no copy of the aforesaid seizure list was given either to the petitioner or any of his family members. It has further been submitted that he has no knowledge about the aforesaid motorcycle.

Patna High Court Cr.Misc. No.34501 of 2018 (3) dt.18-07-2018 2/2 It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Birpur P.S. Case No. 120 of 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 learned Additional Chief Judicial Magistrate, Birpur (Supaul), 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 his 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) S.