Jitendra Kumar @ Jitendra Kumar Yadav v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27123 of 2018 Arising Out of PS.Case No. -55 Year- 2018 Thana -KATIHAR District- KATIHAR ====================================================== Jitendra Kumar @ Jitendra Kumar Yadav, S/o Sri Sukhdev Yadav, R/o Mohalla- Naya Tola, P.S.- Town, District- Katihar. .... .... Petitioner/s

Versus

1. The State of Bihar.

2. The Bihar State Food Corporation Ltd. Bihar, Patna. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vinay Ranjan, Advocate. For the Opposite Party/s : Smt. Renuka Ratnakar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 22-06-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Town P.S. Case No. 55 of 2018, instituted for the offence under Sections 379, 406, 409 and 120(B)/34 of the Indian Penal Code and Section 7 of Essential Commodities Act, 1958.

There is allegation in the written report against Neel Arun Vishwash, Assistant Manager of the Godown. The petitioner is described as Munshi of the Godown in question. There is no specific allegation of any overt act against this petitioner. Learned counsel for the petitioner has submitted that other co-accused persons have been granted anticipatory bail by coordinate Benches of this Court vide orders dated 17.05.2018, 18.05.2018 and 12.06.2018 passed in Cr. Misc. Case Nos. 30559

Patna High Court Cr.Misc. No.27123 of 2018 (3) dt.22-06-2018 2/2 of 2018, 29893 of 2018 and 31373 of 2018 respectively. 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 Town P.S. Case No. 55 of 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 learned Chief Judicial Magistrate, Katihar, 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/- Rohit Kr.

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