Sanjay Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51746 of 2017 Arising Out of PS.Case No. -152 Year- 2017 Thana -MUFFASIL District- AURANGABAD ====================================================== Sanjay Singh, Son of Bhim Singh, Resident of Village- Pawaee, P.S.- Muffasil, Aurangabad, District- Aurangabad.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shailesh Kumar Singh, Advocate. For the Opposite Party/s : Mr. Vinod Shankar Modi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Muffasil P.S. Case No. 152 of 2017 instituted for the offence under Sections 379, 411 of the Indian Penal Code and Sections 3, 4 and 5 of Bihar Mines Act.
It has been submitted on behalf of the petitioner that on the basis of confessional statement of driver of the tractor namely Premchand Paswan, who was apprehended by the police, the name of this petitioner has come in this case. From the written report itself it appears that police apprehended the tractor loaded with sand and the Driver Premchand Paswan disclosed the name of this petitioner. Considering the facts and circumstances of the case,
Patna High Court Cr.Misc. No.51746 of 2017 (2) dt.09-11-2017 2/2 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 Muffasil P.S. Case No. 152 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, Aurangabad, 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.