Vikash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42928 of 2018 ====================================================== Vikash Kumar, son of Munna Rai residence of village- Shiv Mahamdpur, Police Station- Marhowrah (O.P. Gaura), District- Saran at Chapra. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shambhu Prasad Yadav, Advocate For the Opposite Party/s : Mr. Uday Chand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 01-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Marhowrah P.S. Case No.388 of 2017 instituted for the offence under Section(s) 304(B)/34 Indian Penal Code.

Counsel for the petitioner submits that petitioner is brother-in-law (Dewar) of the deceased. He is not named in the First Information Report. His name has come during investigation.

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 Marhowrah P.S. Case No.388 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two

Patna High Court Cr.Misc. No.42928 of 2018 (3) dt.01-08-2018 2/2 sureties of the like amount each to the satisfaction of learned Judicial Magistrate, Chapra at Saran, 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) JA/- Rohit Kr.

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