Pankaj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.19013 of 2017 Arising Out of PS.Case No. -100 Year- 2016 Thana -NATIONAL HIGHWAY DistrictSAMASTIPUR ======================================================

1. Pankaj Kumar, son of Ramdeo Sah, resident of village-Madhodeeh, P.S. Ujiarpur, District- Samastipur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mrs. Anita Kumari Singh, Advocate For the Opposite Party/s : Mr. Ataur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 18-05-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in N H Bangra P.S. Case No.100 of 2016 instituted for the offence under Section(s) 115, 120-B, 414 Indian Penal Code. It has been submitted on behalf of the petitioner that he is serving in Army, which is also apparent from Annexure-2. Allegation in the written report is that the petitioner has conspired with Ex-Mukhiya and Sarpanch of the Panchayat by giving supari to the killer.

In this manner, mere vague allegation has been made against the petitioner.

As per Annexure-2, petitioner was serving in Army since 26th June, 2015.

Patna High Court Cr.Misc. No.19013 of 2017 (2) dt.18-05-2017 2/2 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 N H Bangra P.S. Case No.100 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 ACJM, Vth, Samastipur, 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.

(Sanjay Priya, J) JA/- U T