Chandraket Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27265 of 2018 Arising Out of PS.Case No. -244 Year- 2016 Thana -MAHUA District- VAISHALI(HAJIPUR) ======================================================

1. Chandraket Kumar, Son of Gariban Rai, Resident of Village- Majhauli Mohammadpur @ Maricha Gadh, P.S.- Sarai, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Adv. Mrs. Kanchan Kumar, Adv.

For the Opposite Party/s : Mr. Sri Murlidhar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-06-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in connection with Trial No. 3290 of 2017 arising out of Mahua P.S. Case No. 244 of 2016 instituted for the offence under Section 394 of the Indian Penal Code. Learned counsel for the petitioner has submitted that F.I.R. is against un-known. The name of petitioner has transpired in the confessional statement of co-accused Sibu Kumar. In paragraph-3 of the petition, it has been mentioned that the petitioner has no criminal antecedent. Similarly situated other co-accused has been granted bail by co-ordinate Bench of this Court vide order dated 19.08.2017 passed in Cri. Misc. No. 33406 of 2017.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date

Patna High Court Cr.Misc. No.27265 of 2018 (6) dt.20-06-2018 2/2 of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Trial No. 3290 of 2017 arising out of Mahua P.S. Case No. 244 of 2016 to the satisfaction of learned Sessions Court, Vaishali at Hajipur subject to condition as laid down u/S 438(2) of the 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) sushma/- U T