Dilip Kumar @ Dilip Mishtri v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30550 of 2018 Arising Out of PS. Case No.-47 Year-2018 Thana- CHOUTARWA District- West Champaran ====================================================== Dilip Kumar @ Dilip Mishtri S/o Dinanath Patel, R/o Vill.- Dudhiyawa, P.S.- Nawalpur, District- West Champaran ... Petitioner

Versus

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

For the Petitioner :

Mr. Aditya Nath Jha, Adv.

For the Opposite Party :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2 22-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in connection with Chautearwa (Bathwariya) P.S. Case No. 47 of 2018 instituted for the offences under Sections 414/34 of the Indian Penal Code. Counsel for the petitioner submits that the name of this petitioner has come in the written report on the basis of statement given by co-accused, Mantush Kumar, who was apprehended by the police along with the motorcycle alleged to be stolen one. He could not produce any paper when police made demand. He told the police that he has purchased the motorcycle from this petitioner through one mediator, Amardeo Yadav. The seizure list is available with the first information report, which does not bear the signature of this petitioner.

In the facts and circumstances of the case, prayer of the

Patna High Court Cr.Misc. No.30550 of 2018(2) dt.22-05-2018 2/2 petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Chautearwa (Bathwariya) P.S. Case No. 47 of 2018 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 Additional Chief Judicial Magistrate, Bagha, writ Court, subject to the conditions as laid down under Section 438(2) Criminal Procedure Code 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) Shamshad/- U T