Radheyshyam Kewat v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No 75357 of 2018 Arising Out of PS. Case No.-54 Year-2017 Thana- BAKHTIYARPUR RAIL P.S. DistrictPatna ====================================================== Radheyshyam Kewat Son of Late Dharam Kewat, Resident of VillageDhobichak, P.S. Badour, District- Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prem Kumar For the Opposite Party/s :

Mr.Sri Navin Kumar Pandey ====================================================== CORAM: HONOURABLE MR JUSTICE MADHURESH PRASAD ORAL ORDER 21-12-2018 Heard learned counsel for the petitioner and the learned APP for the State.

Petitioner seeks anticipatory bail in a case registered under Sections 392 of Indian Penal Code.

It is submitted by the petitioner's counsel that coaccused Anil Malakar, upon whose confession, petitioner has been implicated in this case, has been allowed bail by this Court in proceedings arising out of Cr Misc No 54257 of 2017. He submits that there is no recovery from the instant petitioner and that he was not apprehended on the spot.

Considering the aforesaid submissions and the facts and circumstances of the case, prayer for anticipatory bail is allowed. Let the petitioner above named, in the event of his

Patna High Court Cr.Misc. No.75357 of 2018(2) dt.21-12-2018 2/2 arrest or surrender within four weeks from today, be released on bail on his furnishing bonds of Rs 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Railway, Patna in Bakhtiyarpur Police Station Case No 54 of 2017 subject to all conditions as laid down in Section 438 (2) of Criminal Procedure Code and also with the following conditions:

(1) That one of the bailors will be a close relative of the petitioner who will give an affidavit giving genealogy as to how he is related with the petitioner. The bailor will also undertake to inform the Court if there is any change in the address of the petitioner.

(2) That the petitioner will be well represented on each date and if he fails to do so on two consecutive dates, their bail will be liable to be cancelled.

(Madhuresh Prasad, J) M.E.H./- U T