Aditya Kumar @ Bare v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.57008 of 2017 Arising Out of PS.Case No. -28 Year- 2017 Thana -NAYAGAON District- BEGUSARAI ======================================================

1. Aditya Kumar @ Bare, S/o Shyam Lal Singh, resident of VillageBalahpur, P.S.- Nayagaown, District- Begusarai. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shubhesh Pandey, Advocate For the Opposite Party/s : Mr. Arun Kumar Singh -5, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 01-12-2017 Heard learned counsel for the petitioner and leaned Additional Public Prosecutor of the State.

The petitioner is apprehending his arrest in connection with Nayagaown P.S.Case No. 28 of 2017 registered for offences punishable under Section 392 of the Indian Penal Code. It is alleged in the written report that three unknown persons stopped and snatched the articles and fled away towards South direction. At that time, one person namely, Bir Bahadur, who was crossing the road identified one of the accused, who was running away from there.

Learned counsel for the petitioner has submitted that the petitioner is not named in the F.I.R. As such, the name of this petitioner has surfaced in the confessional statement of coaccused. It is mentioned in para-3 of the petition that the petitioner has clean antecedent.

Patna High Court Cr.Misc. No.57008 of 2017 (2) dt.01-12-2017 2/2 Learned Additional Public Prosecutor opposes the prayer of bail.

In the facts and circumstances of the case, the prayer of Anticipatory bail of petitioner is allowed and in the event of his arrest or surrender before the Court below within a period of six weeks, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each in connection with Nayagaown P.S.Case No. 28 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate, Begusarai, subject to the conditions laid down under Section 438 ( 2) Cr. P. C. with other 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) Sudha/- U T