Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45236 of 2018 Arising Out of PS.Case No. -71 Year- 2018 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Chandan Kumar, Son of Saguni Singh, aged about 22 Year Resident of Village- Rusulpur Osti, P.S. Mahua, District- Vaishali. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rudal Singh, Advocate. For the Opposite Party/s : Mr. Abhay Kumar Roy, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-07-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Mahua P.S. Case No. 71 of 2018 instituted for the offence under Sections 420, 406, 341, 342, 323, 504 and 506/34 of the Indian Penal Code. In the written report it is alleged that petitioner along with his father Saguni Singh has taken Rs.8,20,000/- from the informant to get employment on post of either Clerk or Class-IV staff in Patna High Court.

Learned counsel for the petitioner has submitted that there is no mention of any date on which the money was given to the petitioner by the informant. There is also no proof of making payment to the petitioner. It is mentioned in the written report that money was given in cash, but there is no any supporting

Patna High Court Cr.Misc. No.45236 of 2018 (2) dt.31-07-2018 2/2 document.

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 Mahua P.S. Case No. 71 of 2018, 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 Chief Judicial Magistrate, Vaishali at Hajipur, 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.