Rabi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.53827 of 2016 Arising Out of PS.Case No. -488 Year- 2015 Thana -MOHANIA District- BHABHUA (KAIMUR) ======================================================

1. Rabi Kumar, Son of Bharat Ram, resident of Village- Pasai, P.O.- Khajura, P.S.- Belawon, District- Kaimur (Bhabua). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Radha Mohan Pandey For the Opposite Party/s : Mr. Sanjay Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KISHORE KUMAR MANDAL ORAL ORDER 20-12-2016 Heard the Counsel for the petitioner and Mr. Sanjay Kumar, APP for the State.

Apprehending his arrest in Mohania P.S. Case No. 488 of 2015 registered under sections 414 and 34 of the Indian Penal Code, the present application is for grant of anticipatory bail. The police, on suspicion, arrested co-accused Ajay Kumar with stolen motorcycle. In his disclosure statement, the said accused named the petitioner alleging that he used to deal with the stolen motorcycle with the present petitioner. Learned counsel submits that he has clean antecedent. Except the alleged disclosure made by co-accused Ajay Kumar, there is no other incriminating material against the petitioner. He is always ready and willing to cooperate in the investigation. He has no criminal records to his credit.

Patna High Court Cr.Misc. No.53827 of 2016 (2) dt.20-12-2016 2/2 Considering the above, in the event of arrest or surrender in the Court below within four weeks, the petitioner abovenamed is directed to 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 learned Chief Judicial Magistrate, Kaimur (Bhabua) in Mohania P.S. Case No. 488 of 2015 subject to the condition as laid down under Section 438(2) of the Cr.P.C. with the further following conditions: (i) One of the bailers shall be the own/close family members of the petitioner.

(ii) In case of framing of charge, the petitioner shall appear in person on each and every date fixed in the Court below. In case of default in doing so on two consecutive occasions without any cogent/satisfactory reason, the Trial Court shall have liberty to cancel the bail bond of the petitioner and secure his arrest in accordance with law.

(Kishore Kumar Mandal, J) Pankaj/- U T