Patna High CourtCR. MISC./58780/2017bail granted

Umesh Diswa @ Umesh Dharu @ Umesh Choudhary v. State Of Bihar And ANR

2017-12-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58780 of 2017 Arising Out of PS.Case No. -2896 Year- 2013 Thana -WEST CHAMPARAN COMPLAINT District- WESTCHAMPARAN(BETTIAH) ======================================================

1. Umesh Diswa @ Umesh Dharu @ Umesh Choudhary Son of Ramchandra Diswa @ Ramchandra Choudhary resident of Tara Baswaria, P.S.- Gaunaha, District- West Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar 2.

Sigaan Choudhary Son of Pahwari Choudhary Resident of Jagadmabapur, P.S. Pujha Patjirwa, District- West Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Uday Kumar Mishra For the Opposite Party/s : Mr. Smt. Pronati Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Complaint Case No. 2896-C of 2013 instituted for the offence under Section-420 of the Indian Penal Code.

It has been submitted that the petitioner is bonafide purchaser of the tractor after making payment of due consideration from Jagdhari Singh as mentioned in para-11 of the petition. The vendor Jagdhari Singh has written a sale letter in favour of the petitioner. It has been submitted that earlier the son of the complainant was made accused in Sri Nagar P.S. Case No. 197 of 2013 for having purchased the stolen tractor bearing registration No. BR-0GM/3149 Engine No. RA 0003037.

Patna High Court Cr.Misc. No.58780 of 2017 (2) dt.13-12-2017 2/2 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with in Complaint Case No. 2896-C of 2013 to the satisfaction of Sri N.P.Singh learned Judicial Magistrate-Ist Class, West Champaran, Bettiah subject to condition as laid down u/S 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) A.K.V.