Sumit Kumar Singh @ Sumit Kumar And ORS v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45738 of 2017 Arising Out of PS.Case No. -76 Year- 2015 Thana -ALAMNAGAR District- MADHEPURA ======================================================

1. Sumit Kumar Singh @ Sumit Kumar, son of Sri Ravindra Prasad Singh,

2. Ravi Kumar, son of Samrendra Kumar Singh, both R/o VillageKhurhan, P.S.- Alamnagar, District- Madhepura.

3. Rana Singh @ Raja Singh, son of Chandeshwari Singh, R/o VillageBabhani Sagha, P.S.- Gamharia, District- Madhepura. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dinesh Prasad Verma, Advocate For the Opposite Party/s : Mr. Md. Ashlam Ansari, ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 03-10-2017 Heard learned counsel for the petitioners and learned APP for the State.

Petitioners apprehend their arrest in Alamnagar P.S. Case No.76 of 2015 instituted for the offence under Section(s) 461 and 379 Indian Penal Code.

It has been submitted that petitioners are not named in the First Information Report. Their names have come in the confessional statement of co-accused-Sudhanshu Kumar. As per written report, various articles were stolen from the shop of the Informant by unknown persons. Learned Sessions Judge has mentioned in the impugned order that the name of these petitioners have surfaced in the confessional statement of co-accused-Sudhanshu Kumar.

Patna High Court Cr.Misc. No.45738 of 2017 (2) dt.03-10-2017 2/2 In the facts and circumstances of the case, prayer of the petitioners for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today in connection with Alamnagar P.S. Case No.76 of 2015, they shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the SubDivisional Judicial Magistrate, Udakishunganj, subject to the conditions as laid down under Section 438(2) Cr. P. C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners 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 petitioners and (3) if petitioners 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 petitioners.

(Sanjay Priya, J) JA/- U T