Ram Binod Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.63422 of 2017 Arising Out of PS.Case No. -99 Year- 2009 Thana -JHANJHARPUR District- MADHUBANI ======================================================
1. Ram Binod Pandey, s/o Jagdish Pandey, R/o Village- Bisaul, P.S.- Jhanjharpur, District- Madhubani.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Shiva Shankar Sharma, Advocate For the Opposite Party/s : Mr. Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4/ 20-04-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Jhanjharpur P.S. Case No.99 of 2009 instituted for the offence under Section(s) 395, 397 Indian Penal Code.
Counsel for the petitioner has submitted that petitioner is not named in the First Information Report. He has no criminal antecedents. His name has come in para 12 of the case diary.
The learned APP after perusing para 12 of the case diary has submitted that there is no allegation of any specific overt act against this petitioner.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the
Patna High Court Cr.Misc. No.63422 of 2017 (4) dt.20-04-2018 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Jhanjharpur P.S. Case No.99 of 2009, 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 the Additional Chief Judicial Magistrate, Jhanjharpur, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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) JA/- U T