Rishi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58122 of 2017 Arising Out of PS.Case No. -613 Year- 2011 Thana -BHAGALPUR KOTWALI DistrictBHAGALPUR ======================================================

1. Rishi Kumar, S/o Late Satya Narayan Singh Resident of Mohalla - Urdu Bazar, Rekabganj, Police Station - Tatarpur, District - Bhagalpur. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ashutosh Kumar, Advocate For the Opposite Party/s : Smt. Anusuiya Jaiswal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 20-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Kotwali( Tilkamanjhi) P.S. Case No. 613 of 2011 instituted for the offence under Sections 379 of the IPC.

It has been submitted by the learned counsel for the petitioner that petitioner is not named in the FIR. His name has come during investigation, on the basis of confessional statement of co-accused which has been mentioned in the impugned order of the learned Sessions Judge. It is mentioned in para-3 of this petition that he is named accused in three other cases in which he has been granted bail.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the

Patna High Court Cr.Misc. No.58122 of 2017 (2) dt.20-12-2017 2/2 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 Kotwali (Tilkamanjhi) P.S. Case No. 613 of 2011 to the satisfaction of learned C.J.M., Bhagalpur 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. (Sanjay Priya, J) khushbu/- U T