Prince Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44370 of 2018 Arising Out of PS.Case No. -19 Year- 2017 Thana -PATAHI District- EASTCHAMPARAN (MOTIHARI) ======================================================
1. Prince Kumar, S/o Ravindra Kumar Singh @ Rabindra Singh, R/o Vill.- Bhakurahiya, P.S.- Patahi, District- E. Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Anshu Dhar Sharma, Advocate For the Opposite Party/s : Smt. Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 01-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Patahi P.S. Case No.19 of 2017 instituted for the offence under Section(s) 427 Indian Penal Code and Section 3⁄4 of Prevention of Damage to Public Property Act, 1984.
Counsel for the petitioner submits that petitioner is not named in the First Information Report. Name of the petitioner has come during investigation in the supervision note of the Dy. Superintendent of Police.
It has further been submitted that co-accused with similar allegation have been granted anticipatory bail by coordinate Bench of this Court by order dated 27.04.2018 passed in Cr. Misc. No.22250 of 2018.
Patna High Court Cr.Misc. No.44370 of 2018 (2) dt.01-08-2018 2/2 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 Patahi P.S. Case No.19 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 the Additional Chief Judicial Magistrate-VIII, Motihari, East Chamapran, 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) JA/- U T