Akash Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3441 of 2018 Arising Out of PS.Case No. -204 Year- 2017 Thana -KOILWAR District- BHOJPUR ====================================================== Akash Kumar, Son of Suresh Kumar Sah, Resident of Begampur, P.S. Ara Town, District- Bhojpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Dhirendra Singh, Advocate. For the Opposite Party/s : Mr. Humayou Ahmad Khan, A.P.P. ====================================================== 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 Koilwar P.S. Case No. 204 of 2017 instituted for the offence under Sections 419, 420 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

It has been submitted that petitioner was neither present on the spot nor any recovery has been made from his possession. He is only owner of the seized vehicle from which it is alleged that rice of Mid day meal was seized by the police. 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 Koilwar P.S. Case No.

Patna High Court Cr.Misc. No.3441 of 2018 (3) dt.26-03-2018 2/2 204 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 Sub Divisional Judicial Magistrate, Bhojpur at Ara, 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.Ali/- U T