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Patna High CourtCR. MISC./31602/2017bail granted

Dinesh Mahto v. The State Of Bihar

2017-07-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.31602 of 2017 Arising Out of PS.Case No. -584 Year- 2015 Thana -KANTI THARMAL POWER DistrictMUZAFFARPUR ====================================================== Dinesh Mahto, S/o Shivaji Mahto, Resident of Village- Bodwara, P.S. Karja, District- Muzaffarpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vijay Kumar Mishra, Advocate. For the Opposite Party/s : Mr. Arun Kumar Singh -5, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kanti P.S. Case No. 584 of 2015 instituted for the offence under Sections 395 and 397 of the Indian Penal Code.

Petitioner is not named in the written report. From the impugned order it appears that during investigation the name of the petitioner has come. It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.

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 Kanti P.S. Case No. 584 of

Patna High Court Cr.Misc. No.31602 of 2017 (2) dt.13-07-2017 2/2 2015, 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 Chief Judicial Magistrate, Muzaffarpur, 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 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) S.Ali/- U T