Birendra Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54374 of 2017 Arising Out of PS.Case No. -193 Year- 2017 Thana -ISLAMPUR District- NALANDA (BIHARSHARIFF) ====================================================== Birendra Prasad, son of Braham Deo Prasad, resident of Kaushik Nagar, P.S.-Hilsa, District- Nalanda.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Jayaswal, Advocate For the Opposite Party/s : Mr. Rajballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 10-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Islampur P.S. Case No.193 of 2017 instituted for the offence under Section(s) 379, 411 Indian Penal Code.

Counsel for the petitioner has submitted that name of this petitioner has come merely on suspicion. He is owner of the truck, which was allegedly found missing from the place of occurrence.

The Informant has alleged that eight trucks were found missing, which were seized by the police. Informant has alleged that drivers and owners have taken those trucks after playing fraud with security personnel present there. It has been submitted that similarly situated one of the co-accused has been granted anticipatory bail by a co-

Patna High Court Cr.Misc. No.54374 of 2017 (2) dt.10-11-2017 2/2 ordinate Bench of this Court by order dated 03.10.2017 passed in Cr. Misc. No.42154 of 2017.

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 Islampur P.S. Case No.193 of 2017, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Hilsa, Nalanda, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond 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) JA/- U T