Bimlesh Kumar @ Shashi Ranjan v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.13961 of 2017 Arising Out of PS.Case No. -20 Year- 2014 Thana -KINJAR District- JEHANABAD ====================================================== Bimlesh Kumar @ Shashi Ranjan .... .... Petitioner/s

Versus

1. The State of Bihar.

2. Madhya Bihar Gramin Bank, Branch Shantipuram, through its Office Assistant, Sunil Kumar, P.S. Kinjar, Dist.- Arwal. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Subhash Chandra Bose For the Opposite Party/s : Mr. Sri Nirmal Kumar Sinha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-04-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kinjar P.S. Case No. 20 of 2014 instituted for the offence under Section-392 of the Indian Penal Code.

It is alleged that on the date of occurrence, three persons by concealing the face with Gamchha entered through grill gate and looted Rs. 1,03,000/- from the cash counter of the branch of Madhya Bihar Gramin Bank.

The FIR has been registered against unknown.

It has been submitted on behalf of petitioner that name of the petitioner has come on the basis of confession made by him in Singuri P.S. Case No. 40 of 2014. No TIP has been done in this case till date.

Patna High Court Cr.Misc. No.13961 of 2017 (3) dt.20-04-2017 2/3 Counsel for the petitioner has submitted that he has already been granted bail in Singuri P.S. Case No. 40 of 2014 by this Hon'ble Court vide order dated 23-01-2015 passed in Cr. Misc. No. 41465 of 2014.

Be that as it may, the confessional statement of the petitioner was recorded by the police in Singuri P.S. Case No. 40 of 2014 and except that, no other substantial material is available in the case diary.

Accordingly, 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 Kinjar P.S. Case No. 20 of 2014 to the satisfaction of learned Chief Judicial Magistrate, Arwal 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

Patna High Court Cr.Misc. No.13961 of 2017 (3) dt.20-04-2017 3/3 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.

The petitioner is directed to cooperate in the investigation before the police and will appear before the police as and when required by the police, failing which, his bail bond shall stand cancelled.

(Sanjay Priya, J) A.K.V./- U T