Golu Sonar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26151 of 2018 Arising Out of PS. Case No.-561 Year-2016 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Golu Sonar S/o Shravan Sonar @ Shravan Prasad, R/o Mohalla- Baniyapatti (Paithanpatti, Gaja Chowk), P.S.- Motihari Town, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Binod Kumar Mishra For the Opposite Party/s :

Mr. Sri Nityanand ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 09-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Motihari Town P.S. case no. 561 of 2016, instituted for the offence under Section(s) 379/34 of the Indian Penal Code.

The F.I.R. is against unknown. The name of this petitioner has come in the confessional statement of co accused Munna Kumar Singh.

There is allegation in the F.I.R. that two accused persons snatched golden chain from neck of the wife of the informant. In the case diary it has come come that chain was recovered from the possession of co- accused Munna Kumar Singh and Arjun Das. There is no recovery of any incriminating articles from possession of this petitioner. It is mentioned in para

Patna High Court Cr.Misc. No.26151 of 2018(3) dt.09-07-2018 2/2 3 that five cases are pending against the petitioner. It has been submitted on behalf of petitioner that petitioner is on bail on all those five cases.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Motihari Town P.S. case no. 561 of 2016, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the CJM, Motihari, East Champaran, 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) 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) shyambihari/- U T