Rajdeo Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.45906 of 2018 ======================================================
1. Rajdeo Rai son of Late Shivalak Rai @ Tiwalak Rai resident of VillageSalha P.S.- Jandaha, District- Vaishali. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Usha Kumari Singh For the Opposite Party/s : Mr. Sri Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 16-08-2018 Heard learned counsel for the petitioner as well as the State.
The petitioner apprehends his arrest in Jandaha P.S. Case No. 17/2018, instituted for the offences punishable under Sections 420, 406, 323 and 504/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that as per written report itself, a tractor in question was given to the son of this petitioner, namely, Ashok Rai to ply on the road and make payment of EMI to the Financer and also some money to the informant. It is alleged that when payment was not made either to the informant or to the financer, the informant went to the house of accused persons. They abused the informant and denied to return the truck.
Considering the facts and circumstances of the case,
Patna High Court Cr.Misc. No.45906 of 2018 (2) dt.16-08-2018 2/2 the 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 Jandaha P.S. Case No. 17/2018, 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 the learned A.C.J.M. XIth, Vaishali at Hajipur, subject to the conditions as laid down under Section 438(2) of the 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 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 petitioner. (Sanjay Priya, J.)