Sonu Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.1557 of 2018 Arising Out of PS.Case No. -57 Year- 2014 Thana -BENIPATTI District- MADHUBANI ====================================================== Sonu Rai, Son of Sri Rakesh Rai @ Rakesh Kumar Rai, Resident of Village - Ramaul, Police Station - Kamtaul, District - Darbhanga. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Vijay Kumar, Advocate. For the Opposite Party/s : Mr. Upendra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-04-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Benipatti P.S. Case No. 57 of 2014, G.R. No. 856 of 2014 instituted for the offence under Section 395 of the Indian Penal Code. Subsequently, Section 412 of the Indian Penal Code was added. It has been submitted that petitioner is not named in the written report. There is no recovery from his possession. He has clean antecedent. His name has been taken by co-accused Manoranjan Kumar @ Bhima in his confessional statement. 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 Benipatti P.S. Case No. 57

Patna High Court Cr.Misc. No.1557 of 2018 (5) dt.19-04-2018 2/2 of 2014, G.R. No. 856 of 2014, 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, Benipatti/successor court In-charge, 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) S.Ali/- U T