Raj Mohan Prasad v. The State Of Bihar

Patna High Court Cr.Misc. No.26739 of 2017 (2) dt.06-07-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26739 of 2017 Arising Out of PS.Case No. -81 Year- 2017 Thana -KARAKAT District- SASARAM (ROHTAS) ======================================================

1. Raj Mohan Prasad S/o Late Beni Lal Sah R/o Village- Gorari, P.S.- Karakat, District- Rohtas at Sasaram.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ramchandra Singh For the Opposite Party/s : Mr. Sri Uday Chand Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and learned Addl. Public Prosecutor for the State.

The petitioner apprehends his arrest in Karakat P.S. Case No. 81 of 2017 instituted for the offence under Sections-380, 457 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that his name has been taken by the informant merely on suspicion because chappal, recovered from the place of occurrence belonged to this petitioner.

In the written report, it has been alleged that theft has been committed in the house of the informant. The informant has raised suspicion in the written report on the basis of chappal, which has been recovered from the place of occurrence.

Patna High Court Cr.Misc. No.26739 of 2017 (2) dt.06-07-2017 In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above in the event of his arrest/surrender in the court below within six weeks from today shall be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each in connection with Karakat P.S. Case No. 81 of 2017 to the satisfaction of learned Sub Divisional Judicial Magistrate, Bikramganj, Rohtas subject to conditions 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./- U T