Chandan Patel v. The State Of Bihar
Patna High Court Cr.Misc. No.51340 of 2017 (2) dt.08-11-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51340 of 2017 Arising Out of PS.Case No. -104 Year- 2016 Thana -KARAHGAR District- SASARAM (ROHTAS) ====================================================== Chandan Patel S/o Uma Shankar Singh, R/o Village- Chitaon, P.S.- Dinara, District- Rohtas.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajani Kant Singh, Adv. For the Opposite Party/s : Mr. Madhuranand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kargahar P.S. Case No. 104/2016 instituted for the offence under Section 379 of the Indian Penal Code.
Learned counsel for the petitioner has submitted that one Ritesh Kumar Patel in his confessional statement has stated the name of the petitioner. Ritesh Kumar Patel has already been granted anticipatory bail by the learned Sessions Judge, Rohtas at Sasaram. It is further submitted that other co-accused namely, Ravi Patel with same allegation has been granted anticipatory bail vide order dated 06.07.2017 passed in Cr. Misc. 26751/2017 (Annexure-3).
Considering the facts and circumstances of the case,
Patna High Court Cr.Misc. No.51340 of 2017 (2) dt.08-11-2017 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 Kargahar P.S. Case No. 104/2016, shall be enlarged 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 Additional Chief Judicial Magistrate, Rohtas at Sasaram, 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 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) Vinita/- U T