Sheo Shankar @ Sheo Shankar Giri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28548 of 2018 Arising Out of PS. Case No.-110 Year-2018 Thana- NAUBATPUR District- Patna ====================================================== Sheo Shankar @ Sheo Shankar Giri, S/o Bipin Giri@ Bipin Bihari Giri, R/o Village Fatehpur, P.S. Naubatpur, District Patna, Bihar. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ajit Kumar, Advocate For the Opposite Party/s :

Mr. Lakshmi Kant Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

The petitioner apprehends arrest in Naubatpur P.S. Case No.110 of 2018, instituted for the offence under Sections 147,148,149,341,323,353,427 of the IPC.

In the written report, it is alleged that two persons were apprehended by the police during checking of the papers of the vehicle. Those two persons have taken the name of this petitioner.

From the written report itself, it is apparent that petitioner was not present on the spot at the time of occurrence. The name of this petitioner has been taken by two persons who were apprehended on the spot.

In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.28548 of 2018(2) dt.18-05-2018 2/2 allowed and it is ordered that the petitioners, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Naubatpur P.S. Case No. 110 of 2018, to the satisfaction of the learned Additional Chief Judicial MagistrateII, Danapur Patna, subject to condition as laid down u/S 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and (3) if the 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.