Pawan Ray v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42675 of 2018 Arising Out of PS.Case No. -67 Year- 2016 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Pawan Ray son of Late Siyaram Ray Resident of Mohalla - Jawaripur, P.S. - Tilkamanjhi, District - Bhagalpur.

.... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Pravina Kumari For the Opposite Party/s : Mr. Sri Bharat Bhushan ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 24-07-2018 Heard the parties.

The petitioner is apprehending his arrest in connection with Kotwali (Adampur) P.S.Case nO.67 of 2016 , registered for offences punishable under Sections 420, 120B, 467, 468, 471 of the Indian Penal Code.

Allegation against the petitioner as per FIR is that the informant entered into an agreement with the petitioner for purchasing the property and he gave some money also. Submission of the learned counsel for the petitioner is that there is no chit of paper in support of the allegation that they have received consideration money and the other co-accused person having similar allegation has been granted privilege of the anticipatory bail, vide order dated 26.11.2016 passed in Cr. Misc.

Patna High Court Cr.Misc. No.42675 of 2018 (2) dt.24-07-2018 2/2 No.31254 of 2016 Heard learned A.P.P. also.

Having heard both sides and in view of the facts and circumstances, as stated above, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of six weeks from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of the learned CJM, Bhagalpur in connection with Kotwali (Adampur) P.S.Case no.67 of 2016 subject to condition as laid down under Section 438 (2) of the Code of Criminal Procedure.

With following conditions :

(i) One of the bailors of the petitioner shall be a local person having sufficient immovable property within the jurisdiction of the concerned court.

(ii) The petitioner will not induce any witness or tamper with the evidence.

(iii) The petitioner shall co-operate in the investigation of the case and make himself available as and when required by the Police, otherwise, the prosecution is free to move for cancellation of his bail bond. With the aforesaid direction, this application is allowed. (Vinod Kumar Sinha, J) chn/- U T