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Patna High CourtCR. MISC./80366/2018bail granted

Chiku Kumar v. The State Of Bihar

2019-01-24Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.80366 of 2018 Arising Out of PS. Case No.-213 Year-2018 Thana- OBRA District- Aurangabad ====================================================== Chiku Kumar Son of Amboj Kumar @ Ambuj Sharma, Resident of VillagePauthu, P.S.- Pauthu, District- Aurangabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Sanjeev Kumar For the Opposite Party/s :

Mr.Sri Chandrasen Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 24-01-2019 Heard learned counsel for the parties.

This application for anticipatory bail arises out of Obra P.S.Case No. 213 of 2018, disclosing offences under Sections 457 and 380 of the Indian Penal Code. It is alleged that the informant saw the petitioner committing theft in the night of 22.09.2018. The FIR came to be registered on 24.09.2018 at about 3.30 P.M.

Learned counsel for the petitioner has submitted that the police station is hardly seven kilometre from the place of occurrence, and it appears from the FIR that implication of this petitioner is an afterthought. The petitioner has no criminal antecedent, as stated in paragraph 3 of the application. Considering the above submission, this application is

Patna High Court Cr.Misc. No.80366 of 2018(2) dt.24-01-2019 2/2 allowed. Let the petitioner, above named, in the event of his arrest/surrender within six weeks from today in the court below, be released on bail on furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned SDJM, Aurangabad in Obra P.S. Case No. 213 of 2018, subject to the condition as laid down under Section 438 (2) of the Code of Criminal Procedure. This is subject to the condition that the petitioner shall present himself before the Police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bonds shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) HR/- U T