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Patna High CourtCR. MISC./7679/2018bail granted

Raja Kumar v. The State Of Bihar

2018-03-26Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.7679 of 2018 Arising Out of PS.Case No. -383 Year- 2017 Thana -LAHERIASARAI District- DARBHANGA ======================================================

1. Raja Kumar, Son of Late Ashok Sahni, Resident of Village- Maidapur, P.S.- Bochha, Dist- Muzaffarpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Virendra Kumar For the Opposite Party/s : Mr. Sri Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 26-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Laheriasarai P.S. Case No. 383/2017 instituted for the offences under Sections 420, 406, 379, 411/34 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that he has not been arrested on the spot. His name has been taken by co-accused Munna Kumar, who has been apprehended on the spot with ATM Card.

Case diary has been received.

Learned A.P.P., after going through the case diary, has submitted that para 39 of the case diary shows that there is no criminal antecedent of the petitioner.

Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.7679 of 2018 (4) dt.26-03-2018 2/2 the 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 Laheriasarai P.S. Case No. 383/2017, 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 the learned Chief Judicial Magistrate, Darbhanga, subject to the conditions as laid down under Section 438(2) of the 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 tamper 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.)