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Patna High CourtCR. MISC./52464/2017bail granted

Vikash Singh v. The State Of Bihar

2017-11-09Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52464 of 2017 Arising Out of PS.Case No. -233 Year- 2017 Thana -BIHIYA District- BHOJPUR ======================================================

1. Vikash Singh, S/o Dinesh Singh, R/o Village- Paithanpur, P.S.- Ara Muffasil, District- Bhojpur Ara.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajiva Ranjan, Advocate For the Opposite Party/s : Mr. Ramchandra Sahani, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Bihiya P.S. Case No.233 of 2017 instituted for the offence under Section(s) 379, 411, 414/34 Indian Penal Code.

It has been submitted by the counsel for the petitioner that on the date of occurrence Scorpio vehicle was apprehended by the police. Driver and cleaner of that vehicle were arrested. Driver of the vehicle, Raju Chaudhary, did not produce any document and disclosed that the vehicle belongs to this petitioner.

Counsel for the petitioner has submitted that the petitioner is bonafide purchaser of the aforesaid vehicle from Sri

Patna High Court Cr.Misc. No.52464 of 2017 (2) dt.09-11-2017 2/2 Suman Kumar Singh for which agreement was made between them. Xerox copy of the Owner Book has also been annexed as Annexure-2.

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 Bihiya P.S. Case No.233 of 2017, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Bhojpur, Ara, 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) JA/- U T