Umesh Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.41865 of 2017 Arising Out of PS.Case No. -93 Year- 2016 Thana -JAGDIHSPUR District- BHOJPUR ====================================================== Umesh Kumar Singh, Son of Krishnanand Singh, R/o Vill.- Kulharia, P.S.- Koilwar, District- Bhojpur.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajani Ranjan Pd. Singh, Advocate. For the Opposite Party/s : Mr. Rajeev Nayan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 12-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Jagdishpur P.S. Case No. 93 of 2016 instituted for the offence under Section 394 of the Indian Penal Code.
It has been submitted that petitioner is not named in the First Information Report. During investigation, the name of the petitioner has come on the ground that Mobile phone which has fallen at the place of occurrence, belongs to the petitioner. It has further been submitted that named accused Jai Chand was arrested and he in his confessional statement, has confessed his guilt and took the name of two other persons namely, Ashok Mahto and Ajay Mahto. He also confessed that his mobile had fallen down on the spot.
Patna High Court Cr.Misc. No.41865 of 2017 (2) dt.12-09-2017 2/2 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 petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Jagdishpur P.S. Case No. 93 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 Sub Divisional Judicial Magistrate, Bhojpur at Ara, 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 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) S.