Sandip Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39102 of 2018 Arising Out of PS.Case No. -411 Year- 2017 Thana -TURKAULIYA DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sandip Kumar, son of Indal Ray, residents of village-Ward No.3, Govindpur, Police Station- Turkauliya, District- East Champaran. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shashi Bhushan Pandey, Advocate For the Opposite Party/s : Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 11-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Turkauliya (Raghunathpur) P.S. Case No.411 of 2017 instituted for the offence under Section(s) 413, 414, 420 Indian Penal Code. Counsel for the petitioner submits that he has not been apprehended at the spot. His name has been taken before the police by Manoj Kumar, who was apprehended by the police. In the written report, it is alleged that Manoj Kumar was apprehended and he disclosed the name of this petitioner and other accused persons.

It has been submitted that another co-accused has been granted anticipatory bail by this Court by order dated

Patna High Court Cr.Misc. No.39102 of 2018 (3) dt.11-07-2018 2/2 17.10.2017 passed in Cr. Misc. No.50304 of 2017. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Turkauliya (Raghunathpur) P.S. Case No.411 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 the Chief Judicial Magistrate, East Champaran, Motihari, 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.