Gera Mahto @ Genda Mahto v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.39148 of 2018 Arising Out of PS.Case No. -464 Year- 2017 Thana -AGAMKUAN District- PATNA ======================================================
1. GERA MAHTO @ GENDA MAHTO, S/o Om Prakash Mahto, resident of Badi Pahari, P.S.- Agamkuan, Districct- Patna. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rajeev Kumar, Advocate For the Opposite Party/s : Mr. Uday Pratap Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 05-07-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Agamkuan P.S. Case No.464 of 2017 instituted for the offence under Section(s) 394 Indian Penal Code.
Counsel for the petitioner submits that First Information Report is against unknown. Petitioner has clean antecedents. Name of this petitioner has come on the basis of confessional statement of co-accused Sonu Kumar @ Sonu Singh.
There is no recovery of incriminating articles from the possession of the petitioner.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the
Patna High Court Cr.Misc. No.39148 of 2018 (2) dt.05-07-2018 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Agamkuan P.S. Case No.464 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 Additional Chief Judicial Magistrate, Patna City, 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) JA/- U T