Bhajan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54702 of 2017 Arising Out of PS.Case No. -54 Year- 2017 Thana -SONPUR RAIL P.S. District- SARAN ====================================================== Bhajan Kumar, S/o Yogendra Rai, resident of Village- Betwa Kuwanri, P.S.- Sadar, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Smt. Rina Sinha, Advocate. For the State : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 25-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Sonpur Rail P.S. Case No. 54 of 2017 instituted for the offence under Sections 401 and 34 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that co-accused Rajesh Kumar Yadav was apprehended by the police on suspicion that he along with other co-accused was making preparation for committing offence. One Screw Driver and knife (Chaku) was recovered from his possession. He disclosed the name of this petitioner and other accused persons who fled away. In this manner from the written report itself it appears that name of this petitioner has come in the confessional statement of co-accused.

Patna High Court Cr.Misc. No.54702 of 2017 (4) dt.25-01-2018 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 Sonpur Rail P.S. Case No. 54 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 learned Additional Chief Judicial Magistrate, Rail, Sonpur, Saran, 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 their 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