Chunnu Singh @ Vivek Kumar And ANR v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.42087 of 2017 Arising Out of PS.Case No. -235 Year- 2017 Thana -MARHAURA District- SARAN ======================================================
1. Chunnu Singh @ Vivek Kumar, Son of Raj Kishore Singh @ Kishore Singh
2. Haider Mian, Son of Baharuddin Mian.
Both Resident of Village- Marhourah Khurd, P.S.- Marhoura, DistrictSaran at Chapra (Bihar). .... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rakesh Kumar, Advocate. For the Opposite Party/s : Mr. Rajeev Nayan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-09-2017 Heard learned counsel for the petitioners and the State.
The petitioners apprehend their arrest in Marhourah P.S. Case No. 235 of 2017 instituted for the offence under Sections 420, 468, 471 of the Indian Penal Code and Section 7(3) of Lottery Act, 1998.
It has been submitted that name of these petitioners have been disclosed by the local people. There is allegation that police received information that lottery guessing Centre is functioning from where a large number of people were being duped. The informant reached there and found 10-12 people were playing the lottery. On seeing the police party, they started
Patna High Court Cr.Misc. No.42087 of 2017 (2) dt.13-09-2017 2/3 running away. Thereafter, in presence of two independent witnesses, the police seized the scattered articles and prepared seizure list. The local people disclosed the name of these petitioners along with 50-60 unknown persons who were playing the game.
It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.
Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Marhourah P.S. Case No. 235 of 2017, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Saran at Chapra, 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) petitioners 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 petitioners and (3) if
Patna High Court Cr.Misc. No.42087 of 2017 (2) dt.13-09-2017 3/3 petitioners tamper 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 petitioners.
(Sanjay Priya, J) S.Ali/- U T