Sadashiv Pandey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12839 of 2018 Arising Out of PS.Case No. -158 Year- 2017 Thana -KUCHAIKOTE District- GOPALGANJ ====================================================== Sadashiv Pandey, S/o Surendra Pandey, r/o Village Karwatahi Bazar, P.S. Gopalpur, Dist.- Gopalganj.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Sharma, Advocate. For the informant : Mr. Anirudh Kumar Verma, Advocate. Mr. Viyas Kumar Mishra, Advocate.
For the Opposite Party/s : Mr. Nawal Kishore Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-04-2018 Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. The petitioner apprehends his arrest in Kuchaikote P.S. Case No. 158 of 2017 instituted for the offence under Sections 379, 420/34 of the Indian Penal Code read with 66 (C) Information Technology Act.
Learned counsel for the petitioner has submitted that petitioner is Postmaster of the concerned post office. There is no allegation of misappropriation of money against this petitioner from the A.T.M. The informant raised suspicion against the petitioner that A.T.M. card has been delivered to wrong person. It has further been submitted that Messenger of the post office namely, Kaushal Sah has already been granted anticipatory bail by this Court vide order dated
Patna High Court Cr.Misc. No.12839 of 2018 (3) dt.20-04-2018 2/2 30.01.2018 passed in Cr. Misc. 54125 of 2017. Considering the facts and circumstances of the case, 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 Kuchaikote P.S. Case No. 158 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 Additional Chief Judicial MagistrateVII, Gopalganj, 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) S.