Kundan Jha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.44315 of 2018 Arising Out of PS.Case No. -94 Year- 2017 Thana -PATORI District- SAMASTIPUR ======================================================
1. Kundan Jha, S/o Sanjay Jha, R/o Chaklokman (VIP Colony Dalasing Sarai), P.S.- Dalasing Sarai, Distt.- Samastipur. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Surya Narayan Roy, Advocate For the Opposite Party/s : Smt. Pronati Singh, 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 Patory (Mohanpur OP) P.S. Case No.94 of 2017 instituted for the offence under Section(s) 364 Indian Penal Code. Counsel for the petitioner submits that petitioner is not named in the First Information Report. His name has come in the confessional statement of co-accused Raushan Kumar. It is mentioned in para 3 of the bail petition that petitioner has clean antecedents.
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 Patory (Mohanpur
Patna High Court Cr.Misc. No.44315 of 2018 (2) dt.01-08-2018 2/2 OP) P.S. Case No.94 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 Chief Judicial Magistrate, Samastipur, 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