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Patna High CourtCR. MISC./50668/2017bail granted

Raju Ranjan Jha v. State Of Bihar And ANR

2017-11-02Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.50668 of 2017 Arising Out of PS.Case No. -139 Year- 2015 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Raju Ranjan Jha, S/o Byas Chandra Jha alias Byas Jha, Resident of VillageSukhi, Semara, P.S.- Palanwa, District- East Champaran. at present resident of Mohalla Belbanwa near Anandi Dham Mandir, P.S.- Town Motihari, District- East Champaran.

.... .... Petitioner/s

Versus

1. The State of Bihar.

2. Deepak Kumar Jha, S/o Madan Mohan Jha, Resident of VillageLakshmipur, P.S.- Raxaul, District- East Champaran. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Binod Kumar Singh, Advocate. For the Opposite Party/s : Mr. Sakir Ahmad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 02-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Chhatauni P.S. Case No. 139 of 2015 instituted for the offence under Sections 406, 420, 467, 468, 471 and 34 of the Indian Penal Code. It has been submitted that petitioner has no dealing in the business of car delivery. He has merely helped the informant as he is Pattidar of the informant. Petitioner deposited the money in the account of the company for purchase of Xylo Car. It has further been submitted that the petitioner is no where recipient of the money. The informant did not make payment of the installment and, therefore, he failed to receive the car from the

Patna High Court Cr.Misc. No.50668 of 2017 (3) dt.02-11-2017 2/2 Police Station.

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 Chhatauni P.S. Case No. 139 of 2015, 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, Motihari, East Champaran, 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.Ali/- U T