Mahendra Prasad Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30346 of 2017 Arising Out of PS.Case No. -192 Year- 2017 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Mahendra Prasad Singh, Son of Baleshwar Prasad Singh, Resident of Village-Balli Maheshpur, P.S. Kursela, District-Katihar, Posted as Conductor of Bus No. BR-11C-4312.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate. For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kotwali (Barari) P.S. Case No. 192 of 2017 instituted for the offence under Sections 409, 420, 468, 469 and 471/34 of the Indian Penal Code. It is alleged in the written report that petitioner who was conductor of Bus No. BR-11C-4312 was found selling forged ticket to the passengers and, hence, there is loss caused to the Government Revenue by way of cheating.

The learned counsel for the petitioner has pointed out the enquiry report at page 14 which is part of the First Information Report wherein simple allegation has been levelled against the petitioner that he did not provide the relevant log book during

Patna High Court Cr.Misc. No.30346 of 2017 (3) dt.21-07-2017 2/2 enquiry.

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 Kotwali (Barari) P.S. Case No. 192 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 learned Chief Judicial Magistrate, Bhagalpur, 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) S.