Rajnish Kumar Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56825 of 2017 Arising Out of PS.Case No. -29 Year- 2017 Thana -DEO District- AURANGABAD ======================================================

1. Rajnish Kumar Singh, S/o Gopal Singh, resident of K.D. Sading Road (Shivpuri), Khalari, P.S.- Khalari, District- Ranchi (Jharkhand). .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Bhaskar Shankar For the Opposite Party/s : Mr. Sri Arun Kumar Pandey ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Deo P.S. Case No. 29 of 2017 instituted for the offence under Sections-413, 414 of the Indian Penal Code.

It has been submitted that coal was loaded from CCL, Jharkhand on a truck with valid paper to be delivered to the petitioner's address, who was resident of Jharkhand. The driver has produced necessary challan with respect to coal loaded on truck and tax token (Annexure-2). The driver had deviated from the original route and entered into Bihar since he was resident of Madanpur P.S. Distt. Aurangabad. His daughter was seriously ill. As such, he changed his original route due to such illness. The owner of the truck has already been granted anticipatory bail by a coordinate bench of this court vide order dated 25-07-2017 passed in Cr. Misc. No. 25911 of 2017. In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.56825 of 2017 (2) dt.01-12-2017 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 Deo P.S. Case No. 29 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Aurangabad 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