Jawahir Kushwaha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.32108 of 2019 Arising Out of PS. Case No.-439 Year-2017 Thana- BAGHA District- West Champaran ====================================================== JAWAHIR KUSHWAHA Son of Harishankar Kushwaha, Resident of VillageShashtri Nagar, Ward No. -13, Police Station- Bagaha Pathkhauli, DistrictEast Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Rakesh Kumar For the Opposite Party/s :

Mr.Surendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SHIVAJI PANDEY ORAL ORDER 15-05-2019 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 Bagaha Pathakhauli P.S. Case No. 439 of 2017, Tr. No. 3210 of 2018 registered for offence punishable under sections 406 and 420 of the Indian Penal Code. As per the agreement, the petitioner was given the JCB machine though he had returned, but he did not pay the rent. As per the claim of the petitioner, the machine has not worked and on that account, the dispute of the payment of rent arose, though the petitioner has criminal antecedent, but looking to the nature of allegation, the prayer for bail of the petitioner is allowed and he, in the event of arrest or surrender

Patna High Court CR. MISC. No.32108 of 2019(2) dt.15-05-2019 2/2 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-I, Bagaha, west Champaran in connection with Bagaha Pathakhauli P.S. Case No. 439 of 2017, Tr. No. 3210 of 2018, 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. (Shivaji Pandey, J) Mahesh/- U T