Rakesh Kumar Singh @ Rakesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.43664 of 2018 Arising Out of PS.Case No. -573 Year- 2017 Thana -SASARAM MUFFSIL District- SASARAM (ROHTAS) ======================================================
1. Rakesh Kumar Singh @ Rakesh Singh, S/o Kashinath Singh, R/o Vill.- Raghunathpur (Bal Motha), P.S.- Karakat, District- Rohtas. At Present Ward No. 14, Ghatmapur, P.S.- Karakat, District- Rohtas. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Siddharth Harsh, Advocate For the Opposite Party/s : Smt Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 01-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Sasaram (M) P.S. Case No.573 of 2017 instituted for the offence under Section(s) 419, 420, 467, 468/34 Indian Penal Code, Section 33, 41 and 42 of the Forest Act.
Petitioner is the owner of the truck alleged to have been seized by the police. He was not present at the spot. From the written report itself, it appears that driver was arrested from the place of occurrence. It is also mentioned that the driver disclosed the name of owner of truck before the police stating that after deleting the registration number JH 10G 2151 from the truck, number JH 02L 9093 was tagged. Counsel for the petitioner submits that petitioner was not present at the place of occurrence. He is owner of truck
Patna High Court Cr.Misc. No.43664 of 2018 (3) dt.01-08-2018 2/2 bearing registration no. JH 02L 9093, which has already been seized by the police.
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 Sasaram (M) P.S. Case No.573 of 2017, 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 Chief Judicial Magistrate, Rohtas at Sasaram, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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) JA/- U T