Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.6597 of 2017 Arising Out of PS.Case No. -79 Year- 2016 Thana -BEGUSARAI TOWN District- BEGUSARAI ======================================================

1. Suman Kumar, S/o Sri Nageshwar Yadav, Resident of Village+ P.O.- Samastipur, P.S. Sahebpur Kamal, District Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rai Mukesh Sharma, Advocate For the Opposite Party/s : Mr. Bal Mukund Prasad Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 07-04-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Begusarai Town P.S. Case No.79 of 2016 instituted for the offence under Section(s) 379, 411/34 Indian Penal Code.

It has been submitted that the name of this petitioner has been disclosed by driver of Truck No. WB-23A-7820, who was apprehended at the spot. It has further been submitted that two trucks were apprehended and owner of another truck i.e. Truck No.BR-09K-1818, has been granted anticipatory bail by the learned Court below.

It has been mentioned in para 12 of the petition that truck has already been released in favour of the petitioner by order dated 04.03.2016. It is mentioned in para 3 of the petition

Patna High Court Cr.Misc. No.6597 of 2017 (4) dt.07-04-2017 2/2 that the petitioner has no criminal antecedents. 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 Begusarai Town P.S. Case No.79 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, 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 absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner 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.