Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.23468 of 2018 Arising Out of PS.Case No. -55 Year- 2017 Thana -MANER District- PATNA ====================================================== Chandan Kumar, S/o Sanjay Rai @ Sanjay Kumar, R/o Jhun-Jhun Bala Road, P.S.- Danapur, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ghanshyam Tiwary, Advocate. For the Opposite Party/s : Mr. Rajendra Singh Shastriji, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-04-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Maner P.S. Case No. 55 of 2017 instituted for the offence under Sections 302 and 120(B) of the Indian Penal Code.

Learned counsel for the petitioner has submitted that there is no allegation of any specific overt act against the petitioner.

In the written report it is alleged that one Vishal Kumar took the son of the informant in the night and he did not return. The informant got information in the morning that her son has been murdered.

As such, there is no any allegation of overt act against the petitioner. Mere suspicion has been raised against him.

Patna High Court Cr.Misc. No.23468 of 2018 (2) dt.20-04-2018 2/2 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 Maner P.S. Case No. 55 of 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 Sri Sandeep Kumar, learned Judicial Magistrate, 1st Class, Danapur, Patna, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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.Ali/- U T