Neeraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46606 of 2018 Arising Out of PS.Case No. -319 Year- 2015 Thana -DIGHA District- PATNA ======================================================

1. Neeraj Kumar S/o Late Ram Baran Rai, R/o Vill.- Panchwati Colony Digha, P.S.- Digha, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kumari Rashmi Mr. Suresh Pd. Singh No. 2 For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-08-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Digha P.S. Case No. 319/2015, instituted for the offences punishable under Sections 419, 420, 467, 468 and 471 of the Indian Penal Code. Learned counsel for the petitioner has submitted that in the written report, it is alleged that some illegal construction was done on the land of Housing Board by some unknown persons. The petitioner is not named in the F.I.R. The petitioner apprehends his arrest because he is being harassed regularly by police. It is mentioned in para 7 of the bail petition that the petitioner has no concern with the aforesaid land or the alleged construction in question.

Patna High Court Cr.Misc. No.46606 of 2018 (2) dt.24-08-2018 2/2 Considering the facts and circumstances of the case, the 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 Digha P.S. Case No. 319/2015, 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 learned S.D.J.M., Patna, subject to the conditions as laid down under Section 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 date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tamper 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.) Rakhi U T