Bipin Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42442 of 2018 Arising Out of PS.Case No. -14 Year- 2018 Thana -CHAKIA District- EASTCHAMPARAN (MOTIHARI) ====================================================== Bipin Kumar, S/o Late Hari Das, R/o Vill.- Vidhepur, P.S.- Sasuni, District- Hatras (Uttar Pradesh).

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Abhishek Kumar, Advocate. For the Opposite Party/s : Mr. Manoj Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-08-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Chakia P.S. Case No. 14 of 2018 instituted for the offence under Sections 420, 467, 468, 471 and 120B/34 of the Indian Penal Code. Counsel for the petitioner has submitted that petitioner is owner of the vehicle. He was not aware of any punching or manipulation in number plate done by Driver since the truck in question was having ten year old registration number which was not allowed to ply in Delhi. The Driver of the truck got manipulation in the number plate. Petitioner has no knowledge of aforesaid manipulation done by driver of the vehicle. There is no allegation in the written report that any incriminating articles were loaded on the aforesaid truck.

Patna High Court Cr.Misc. No.42442 of 2018 (3) dt.07-08-2018 2/2 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 Chakia P.S. Case No. 14 of 2018, 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 13th Additional Chief Judicial Magistrate, Motihari, East Champaran, 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/- U T