Guddu Kumar @ Ajit Kumar v. State Of Bihar And ANR
Patna High Court Cr.Misc. No.31883 of 2017 (2) dt.13-07-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.31883 of 2017 Arising Out of PS.Case No. -43 Year- 2016 Thana -TEGHRA District- BEGUSARAI ======================================================
1. Guddu Kumar @ Ajit Kumar, Son of Ramnarayan Mahto, Resident of Village- Musahri, P.S.- Teghra, District- Begusarai. .... .... Petitioner/s
Versus
1. The State of Bihar.
2. The General Manager, North Bihar Power Distribution Company Ltd., Patna.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Arun Kumar For the Opposite Party/s : Mr. Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-07-2017 Heard learned counsel for the petitioner and the counsel appearing for Electricity Board.
The petitioner apprehends his arrest in Teghra P.S. Case No. 43 of 2016 instituted for the offence under Sections-427, 353, 120B/34 of the Indian Penal Code and Sections-139 & 140 of the Indian Electricity Act, 2003.
It has been submitted by learned counsel for the petitioner that one of the co-accused namely Ranjay Kumar has been allowed anticipatory bail by a coordinate bench of this court vide order dated 20-05-2016 passed in Cr. Misc. No. 20364 of 2016. From the first information report, it appears that petitioner has been named merely on the basis of suspicion. There was a peaceful strike by the co-accused and case of this petitioner stands on similar
Patna High Court Cr.Misc. No.31883 of 2017 (2) dt.13-07-2017 footing to that of co-accused Ranjay Kumar who has already been granted anticipatory bail by a coordinate bench of this court. In such circumstances, prayer for anticipatory bail is allowed 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 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Teghra P.S. Case No. 43 of 2016 to the satisfaction of learned Chief Judicial Magistrate, East Begusarai 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 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) A.K.V.