Latheran Chaudhary @ Latheran v. The State Of Bihar

Patna High Court Cr.Misc. No.26720 of 2017 (2) dt.06-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26720 of 2017 Arising Out of PS.Case No. -88 Year- 2017 Thana -DINARA District- SASARAM (ROHTAS) ======================================================

1. Latheran Chaudhary @ Latheran, Son of Jagdish Chaudhary, Resident of Village- Rajpur, P.S. Natwar, District- Rohtas. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Surendra Kumar Mishra For the Opposite Party/s : Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned Addl. Public Prosecutor for the State. The petitioner apprehends his arrest in Dinara P.S. Case No. 88 of 2017 instituted for the offence under Sections-413, 414/34 of the Indian Penal Code.

It has been submitted that the petitioner has clean antecedent. The petitioner's name has been taken by co-accused Mohan Choudhary in his confessional statement. It is alleged in the written report that one Mohan Choudhary was arrested along with motorcycle by the police and he disclosed the name of this petitioner. The seizure list has been prepared which shows that the motorcycle has been recovered from possession of Mohan Choudhary.

Patna High Court Cr.Misc. No.26720 of 2017 (2) dt.06-07-2017 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above in the event of his arrest/surrender in the court below within six weeks from today shall be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each in connection with Dinara P.S. Case No. 88 of 2017 to the satisfaction of Sri Lal Bihari Paswan, learned Judicial MagistrateIst Class, Sasaram, Rohtas subject to conditions as laid down u/S 438(2) of the 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) A.K.V./- U T