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Patna High CourtCR. MISC./2980/2018bail granted

Sanjeev Kumar Jha v. The State Of Bihar

2018-01-23Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2980 of 2018 Arising Out of PS.Case No. -411 Year- 2015 Thana -KHAZANIHAT District- PURNIA ====================================================== Sanjeev Kumar Jha, Son of Bhola Jha, Original resident of VillageBarhari, Police Station- Barhara Kothi (B. Kothi), District- Purnia and at present of village- Bheria, Rahika, Police Station- Katihar, District- Katihar. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Arun Prasad Ambastha, Advocate. For the Opposite Party/s : Mr. Uday Pratap Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in K. Hat (Sahayak) P.S. Case No. 411 of 2015 instituted for the offence under Sections 406 and 420/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that mere vague and general allegation against this petitioner that he being employee of wine shop of the informant has fled away with Rs.90,000/- which was the sale proceeds of 25.6.2015. It has further been submitted that police has submitted Final Form in the case as lack of evidence but learned Magistrate has taken cognizance against this petitioner.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the

Patna High Court Cr.Misc. No.2980 of 2018 (2) dt.23-01-2018 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with K. Hat (Sahayak) P.S. Case No. 411 of 2015 (GR No. 2733 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 Judicial Magistrate, 1st Class, Purnea, 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 their 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.Ali/- U T