Phekan Rai @ Pankaj Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.30524 of 2018 Arising Out of PS.Case No. -82 Year- 2014 Thana -SIDHWARA District- DARBHANGA ====================================================== Phekan Rai @ Pankaj Rai, Son of Sukhdeo Rai, Resident of Village- Moro, P.S.- Moro, District- Darbhanga (Bihar).
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Vinay Kumar Mishra, Advocate For the Opposite Party/s : Mr. Manish Kumar 2, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 29-06-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Singhwara P.S. Case No. 82 of 2014 instituted for the offence under Sections 406, 420 of the Indian Penal Code and Section 134 of the Representation of People Act.
Learned counsel for the petitioner has submitted that the petitioner was driver of the vehicle No. BR 07P 0509 which was seized for the purpose of election, for which, an advance amount has been received by him. The petitioner took away the aforesaid vehicle to Garage because the same got broke down and was not in a position to ply for the election purpose. Thereafter, the petitioner immediately informed the owner of the vehicle. The petitioner is ready to deposit the advance money which he has received for the aforesaid vehicle. The Block Development Officer, Singhwara, is given
Patna High Court Cr.Misc. No.30524 of 2018 (4) dt.29-06-2018 2/2 liberty to take appropriate action against the petitioner for recovery of advance amount.
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 Singhwara P.S. Case No. 82 of 2014, 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 Additional Chief Judicial Magistrate-V, Darbhanga, 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