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Patna High CourtCR. MISC./18519/2017bail granted

Sahil Kumar v. The State Of Bihar

2017-05-18Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18519 of 2017 Arising Out of PS.Case No. -45 Year- 2017 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ====================================================== Sahil Kumar, Son of Sahdeo Tanti, Resident of village - Bholsar, Ekchari, P.S. Rasalpur, District - Bhagalpur .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate. For the Opposite Party/s : Mr. Shailendra Kumar -1, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-05-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kotwali (Barari) P.S. Case No. 45 of 2017 instituted for the offence under Sections 419 and 420/34 of the Indian Penal Code. It has been submitted that petitioner has no criminal antecedent. There is allegation that one Annu Kumar Singh was found writing the examination on behalf of the petitioner. It has further been submitted that said Annu Kumar Singh has been granted bail by the court below.

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 Kotwali (Barari) P.S. Case

Patna High Court Cr.Misc. No.18519 of 2017 (2) dt.18-05-2017 2/2 No. 45 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 Chief Judicial Magistrate, Bhagalpur, 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