Sandip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62248 of 2017 Arising Out of PS. Case No.-177 Year-2017 Thana- PIPRA District- East Champaran ====================================================== Sandip Kumar son of Shankar Sah, resident of village Hardiyabad, P.S. Pipra, District East Champaran, Motihari ... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== with Criminal Miscellaneous No. 62036 of 2017 Arising Out of PS. Case No.-177 Year-2017 Thana- PIPRA District- East Champaran ====================================================== Ajay Kumar @ Talha son of Ramjivan Prasad, resident of village- Pipra Bajar, P.S.Pipra, Dist-East Champaran, Motihari. ... ... Petitioner/s

Versus

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

(In Criminal Miscellaneous No. 62248 of 2017) For the Petitioner/s :

Mr. Abhishek Kumar @ Sonu Babu & Ms. Rashmi Jha, Advocates.

For the Opposite Party/s :

Smt. Veena Rani Prasad.

(In Criminal Miscellaneous No. 62036 of 2017) For the Petitioner/s :

Mr. Abhishek Kumar @ Sonu Babu & Ms.

Rashmi Jha, Advocates For the Opposite Party/s :

Smt. Veena Rani Prasad.

====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 15-02-2018 Both the applications arise out of the same P.S. being Pipra P.S. case no. 177 of 2017 and as such they are being disposed off by a common order.

Heard learned counsel for the petitioners and learned APP for the State.

Patna High Court Cr.Misc. No.62248 of 2017(3) dt.15-02-2018 2/3 Petitioners apprehend their arrest in Pipra P.S. case no. 177 of 2017 instituted for the offence under Section 414 of the Indian Penal Code and Section 11 of Bengal Public Gambling Act, 1867.

Learned counsel for the petitioners has submitted that petitioners have not been apprehended on the spot. There is no recovery from the possession of the petitioners. Name of these petitioners have surfaced in this case on the basis of confessional statement made before the police by one of the coaccused Chandan Kumar who was apprehended on the spot. In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Pipara P.S. case no. 177 of 2017 , they shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M.

East Champaran at Motihari, subject to the conditions as laid down under Section 438(2) Cr. P.C.

Patna High Court Cr.Misc. No.62248 of 2017(3) dt.15-02-2018 3/3 every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioners and (3) if petitioners tamper 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 petitioners.

(Sanjay Priya, J) shyambihari/- U T