Golu Sonar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.36858 of 2018 Arising Out of PS.Case No. -563 Year- 2016 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN (MOTIHARI) ====================================================== Golu Sonar, son of Shravan Sonar @ Shravan Prasad, resident of MohallaBaniyapatti (Paithanpatti, Gaja Chowk), P.S.- Motihari Town, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Binod Kumar Mishra, Advocate For the Opposite Party/s: Mr. Asharaf Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-08-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Motihari Town P.S. Case No.563 of 2016 instituted for the offence under Section 379/34 of the Indian Penal Code.

Counsel for the petitioner has submitted that petitioner is not named in the written report. The name of the petitioner has come in the confessional statement of co-accused Munna Kumar Singh.

In the written report it is alleged that two unknown persons snatched golden chain from the wife of the informant. During investigation it has come that aforesaid golden chain has been recovered from co-accused Munna Kumar Singh. It is mentioned in paragraph-3 of the bail petition that

Patna High Court Cr.Misc. No.36858 of 2018 (3) dt.14-08-2018 2/2 five cases are pending against the petitioner and in all of them he is on bail.

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 Motihari Town P.S. Case No.563 of 2016, 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, East Champaran, Motihari, 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/- Rohit Kr.

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