Neel Kamal Chaurasia v. The State Of Bihar

Patna High Court Cr.Misc. No.34029 of 2017 (2) dt.20-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.34029 of 2017 Arising Out of PS.Case No. -60 Year- 2017 Thana -ANDER District- SIWAN ====================================================== Neel Kamal Chaurasia .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Hansraj For the Opposite Party/s : Mr. Sri S.M. Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Aandar P.S. Case No. 60 of 2017 instituted for the offence under Sections-420, 467, 468 of the Indian Penal Code.

It is alleged that the informant lodged Sanha of missing his passport but his passport with same No. has been found in Switzerland. The informant alleged that the passport of the petitioner was obtained by fraud. Therefore, he lodged Sanha and thereafter, the passport of same No,. was located in Switzerland.

Counsel for the petitioner has annexed passport at page-19 of the bail petition, which has been found with same No. issued in the name of Imran Ibrahim. He has also produced photocopy of the passport issued in the name of this petitioner ,which was lost wherein name of the petitioner and father's name, date of birth, photographs all are different and only passport No. is same. It is mentioned in the FIR itself that another passport which was found with same No. was issued

Patna High Court Cr.Misc. No.34029 of 2017 (2) dt.20-07-2017 in the name of Imran Ibrahim from Mumbai.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Aandar P.S. Case No. 60 of 2017 to the satisfaction of learned Additional Chief Judicial MagistrateIX, Siwan subject to condition as laid down u/S 438(2) of the Cr.P.C.

with further conditions (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.