Dipu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29609 of 2019 Arising Out of PS. Case No.-489 Year-2013 Thana- NAUBATPUR District- Patna ====================================================== DIPU KUMAR Son of Ashok Saw @ Ash Karan Saw, Resident of VillageTanrwan, P.S.- Naubatpur, District- Patna. ... ... Petitioner/s
Versus
THE STATE OF BIHAR ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Lovekush Kumar For the Opposite Party/s :
Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 07-05-2019 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
In this case, the petitioner is seeking anticipatory bail in connection with Naubatpur P.S. Case No. 489 of 2013 registered for offence punishable under sections 406, 420/34 of the Indian Penal Code.
As per FIR, the informant has a house at Patna and his son namely Rajeev Kumar by his "Boloro" vehicle bearing Registration No. BR01PC-0125 reached at Patna from Naubatpur. The driver of cousin brother of the informant gave informant that some unknown persons intercepted and forcibly took away the driver of informant at another place where three persons consumed wine and they took away the vehicle with driver. The owner has shown suspicion over driver. During
Patna High Court CR. MISC. No.29609 of 2019(2) dt.07-05-2019 2/2 investigation, no clear cut finding has been recorded. Looking to the facts and circumstances of the case, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender before the court below within six weeks from today, is directed to be enlarged on anticipatory bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate-II, Danapur in connection with Naubatpur P.S. Case No. 489 of 2013, subject to the conditions as laid down under section 438 Cr. PC and also subject to the condition that one of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned Court.
The petitioner will not induce any witness or tamper with the evidence. The petitioner shall cooperate in the disposal of trial and make himself available as and when required by the court. In event of charge sheet is filed against the petitioner, the bail granted to him will be treated to have been withdrawn, but he will have liberty to file an application for regular bail on appearance before the court below.