Nirmal Kumar Biswas v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40716 of 2017 Arising Out of PS.Case No. -69 Year- 2017 Thana -JALILGARH District- PURNIA ======================================================

1. Nirmal Kumar Biswas Son of Bitu Biswas, R/o Village- Hafiniyan, P.S.- Jalalgarh, District- Purnea.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Mukesh Kumar Jha For the Opposite Party/s : Mr. Sri Rajendra Singh Shastriji ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-09-2017 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Jalalgarh P.S. Case No. 69/2017 instituted for the offences under Sections 384 and 420 of the Indian Penal Code.

It has been submitted that the allegation in the written report is that the petitioner who was contractor took Rs. 1200/- illegally from the consumers for electric connection. Learned counsel for the petitioner has pointed out Annexure-2 series stating that there are names of all the consumers, who have given the declaration that they have got connection free of cost. It is further submitted that the petitioner has falsely been implicated in the case merely on account of personal grudge. Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.40716 of 2017 (3) dt.04-09-2017 2/2 the 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 Jalalgarh P.S. Case No. 69/2017, 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 the learned Sub Divisional Judicial Magistrate, Purnea, subject to the conditions as laid down under Section 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 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 petitioner. (Sanjay Priya, J.)