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Patna High CourtCR. MISC./52687/2018bail granted

Dinesh Sah @ Dinesh Kumar Sahu v. The State Of Bihar

2018-08-30Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52687 of 2018 Arising Out of PS.Case No. -5 Year- 2018 Thana -GADHPURA District- BEGUSARAI ====================================================== Dinesh Sah @ Dinesh Kumar Sahu, S/o Jaijai Ram Sahu @ Jay Narayan Sahu, resident of village- Rampur, P.S.- Bakhari, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arjun Prasad, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 30-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Garhpura P.S. Case No.05 of 2018 instituted for the offence under Section(s) 385 and 392 Indian Penal Code.

Counsel for the petitioner submits that petitioner has clean antecedents. He is not named in the First Information Report. Name of this petitioner has come during investigation in para 16 of the case diary but no Test Identification Parade has been conducted.

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 Garhpura P.S. Case No.05 of

Patna High Court Cr.Misc. No.52687 of 2018 (2) dt.30-08-2018 2/2 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 Additional Chief Judicial Magistrate-IV, Begusarai, 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/- Rohit Kr.

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