Bipul Singh @ Jitendra Kumar @ Jitendra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.43478 of 2018 Arising Out of PS.Case No. -187 Year- 2017 Thana -SHAMBHUGANJ District- BANKA ======================================================

1. Bipul Singh @ Jitendra Kumar @ Jitendra Singh, S/o Jai Prakash Singh, resident of villagePokhar Asauta, P.O.-Bharat Shila, P.S.

Shambhuganj, District- Banka.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pranav Kumar, Advocate For the Opposite Party/s : Mr. Sanjay Kumar Sharma, 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 Shambhuganj P.S. Case No.187 of 2017 instituted for the offence under Section(s) 393/34 Indian Penal Code and Section 25(1-b)a, 26/35 of the Arms Act.

Counsel for the petitioner submits that name of the petitioner has been disclosed by Niranjan Kumar Yadav & Hirwa Yadav, who were apprehended by the police. There is no recovery of any incriminating article from possession of the petitioner.

Counsel for the petitioner further submits that the petitioner was not present at the spot. His name has been illegally taken by aforesaid co-accused.

Patna High Court Cr.Misc. No.43478 of 2018 (3) dt.01-08-2018 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 Shambhuganj P.S. Case No.187 of 2017, 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 the Chief Judicial Magistrate, Banka, 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.