Patna High CourtCR. MISC./41826/2017bail granted

Santosh Kumar v. The State Of Bihar

2017-09-11Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41826 of 2017 Arising Out of PS.Case No. -2 Year- 2017 Thana -MOKAMA RPF/POST District- PATNA ====================================================== Santosh Kumar .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Akhauri Kamal Kishore Sahay For the Opposite Party/s : Mr. Sri Sanjay Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 11-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in RPF Post, Mokamah P.S. Case No. 02 of 2017 instituted for the offence under Section-3 of RP (UP) Act.

It has been submitted that name of the petitioner has transpired on the basis of confessional statement of co-accused, Sanjay Kumar. The recovery of the alleged wire is said to have taken place from railway pit. In paragraph-3 of the petition, it has been mentioned that the petitioner has no criminal antecedent. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner 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 bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with RPF Post, Mokamah P.S. Case No. 02 of 2017 to the satisfaction of learned Railway Judicial

Patna High Court Cr.Misc. No.41826 of 2017 (2) dt.11-09-2017 Magistrate, 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 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 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) A.K.V./- U T