Inderjit Sahni v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.2872 of 2018 Arising Out of PS.Case No. -37 Year- 2014 Thana -UJIYARPUR District- SAMASTIPUR ====================================================== Inderjit Sahni, S/o Munshi Sahani, R/o Village- Maulvichak Nawada, P.S.- Dalsingsarai, District- Samastipur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jitendra Narain Sinha, Advocate. For the Opposite Party/s : Smt. Asha Devi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 17-01-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Ujiarpur P.S. Case No. 37 of 2014 instituted for the offence under Section 379 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that this case has been instituted against unknown. There is no recovery of any Motorcycle from possession of this petitioner. The petitioner is apprehending his arrest in this case as police has lodged separate case against the petitioner as Vidyapatinagar P.S. Case No. 60 of 2014 under Sections 414/34 of the Indian Penal Code alleging that the motorcycle in question has been recovered from his possession and in that case, the petitioner is already on bail.

Patna High Court Cr.Misc. No.2872 of 2018 (2) dt.17-01-2018 2/2 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 Ujiyarpur P.S. Case No. 37 of 2014, 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 Sub Divisional Judicial Magistrate, Dalsingsarai, Distt.

Samastipur, 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