Sikandar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27391 of 2018 Arising Out of PS.Case No. -888 Year- 2017 Thana -KHAGARIA District- KHAGARIA ====================================================== Sikandar Singh, S/o Late Visho Singh, R/o Vill.- Ekaniya, P.S.- Mansi, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Viveka Nand Singh, Advocate. For the Opposite Party/s : Mr. Parmeshwar Mehta, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-08-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Khagaria P.S. Case No. 888 of 2017 instituted for the offence under Section 364 of the Indian Penal Code.

Counsel for the petitioner submits that petitioner is not named in the written report. The informant subsequently during investigation in his further statement recorded in paragraph 36 of the case diary has raised suspicion against the petitioner. Counsel for the petitioner further submits that co-accused Lodhi Yadav with similar allegation has been granted anticipatory bail by this Court vide order dated 11.7.2018 passed in Cr. Misc. 24751 of 2018.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.27391 of 2018 (3) dt.02-08-2018 2/2 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 in Khagaria P.S. Case No. 888 of 2017, 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, Khagaria, 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