Shankar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.18504 of 2017 Arising Out of PS.Case No. -113 Year- 2016 Thana -BEERPUR District- BEGUSARAI ======================================================

1. Shankar Sah, son of Tilo Sah, resident of village- Bhavanandpur, Ward No.06, P.S.- Birpur, District- Begusarai.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate For the Opposite Party/s : Mr. Ajay Kumar -2, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 18-05-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Birpur P.S. Case No.113 of 2016 instituted for the offence under Section(s) 420, 467, 468 Indian Penal Code.

As per written report rupees thirty five thousand for Indira Awas Yojna was credited into the account of this petitioner as allotment was done in the name of his wife on the basis of documents provided by her, which was later on found to be incorrect and forged.

It is mentioned in the written report itself that after issuance of notice the petitioner has returned the amount in the Nazarat.

In the facts and circumstances of the case, prayer of

Patna High Court Cr.Misc. No.18504 of 2017 (2) dt.18-05-2017 2/2 the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Birpur P.S. Case No.113 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, I, Begusarai, 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.