Shashi Kumar Nirala v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56985 of 2017 Arising Out of PS.Case No. -817 Year- 2015 Thana -SASARAM NAGAR District- SASARAM (ROHTAS) ====================================================== Shashi Kumar Nirala, Son of Deep Narayan Prasad, resident of VillageGorari, P.S. Karakat (Gorari), District- Rohtas. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Md. Ataul Haque, Advocate. For the Opposite Party/s : Mr. Shyameshwar Dayal, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Sasaram Model P.S. Case No. 817 of 2015 instituted for the offence under Sections 467, 468, 471 and 420 of the Indian Penal Code. Learned counsel for the petitioner has submitted that as a matter of fact the petitioner has qualified in the Eligibility Text (B.S./T.E.T.) of 2011 and the certificate issued by Bihar School Examination Board is genuine having his Roll No. 1630118031 and Serial No. D-032487. It has further been submitted that petitioner is handicapped person having 60 per cent disabilities. The certificate of handicap has been enclosed asAnnexure-4. The photocopy of certificate of Eligibility Test issued by BS/TET has also been enclosed as Annexure-2.

Patna High Court Cr.Misc. No.56985 of 2017 (4) dt.19-03-2018 2/2 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 Sasaram (Model) P.S. Case No. 817 of 2015, 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, Rohtas at Sasaram, 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.Ali/- U T