Patna High CourtCR. MISC./62352/2017bail granted

Sunil Shekhar v. The State Of Bihar

2017-12-20Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.62352 of 2017 Arising Out of PS.Case No. -59 Year- 2016 Thana -HABIBPUR District- BHAGALPUR ====================================================== Sunil Shekhar, S/o Yudhishthri Mandal, R/o Mohalla- Salehpur, P.S.- Habibpur, District- Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sanjay Kumar @ S.K. For the Opposite Party/s : Mr. Arun Kumar Singh -5 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Habibpur P.S. Case No. 59 of 2016 instituted for the offence under Sections 420,406,467,468,471,323,324,379,385 of the IPC. Counsel for the petitioner has submitted that there is no specific allegation of overt act against the petitioner in the complaint petition. There is specific allegation against co-accused Surendra Kumar@ Sonu and Suman Kumar Suman of making demand of Rangdari from the complainant when he went to take possession of the land. It is also alleged in para-6 of the complaint petition that co-accused Suman Kumar Suman and Mausami Rani were having illegal possession on the aforesaid land. As such there is no specific allegation of overt act against this petitioner in the complaint petition which was sent to police station under Section 156(3) Cr.P.C.

Patna High Court Cr.Misc. No.62352 of 2017 (2) dt.20-12-2017 2/2 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Habibpur P.S. Case No. 59 of 2016 to the satisfaction of learned A.C.J.M. XII, Bhagalpur subject to condition as laid down u/S 438 (2) of the 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the 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.