Md. Sonu @ Serajul Haque v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.11293 of 2018 Arising Out of PS. Case No.-293 Year-2017 Thana- PHULWARI District- Patna ====================================================== Md. Sonu @ Serajul Haque, Son of Md. Hakim, Resident of Village-Isapur Phulwari POlice Station-Phulwarisharif District-Patna. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Abhishek Kumar, Advocate For the Opposite Party/s :

Mr. Vinod Shankar Modi, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 10-04-2018 Heard learned counsel for the petitioner and the State.

The petitioner apprehends arrest in Phulwarisharif P.S. Case No. 293 of 2017, instituted for the offence under Sections 380 of the IPC.

Counsel for the petitioner has submitted that this petitioner was working with the informant to run cable TV. There was dispute with regard to salary and therefore, he has been implicated in this case.

In the written report, the informant has alleged that he is Cable TV Operator. The petitioner was his helper, who took sum of Rs. 01 Lacs and fled away.

The counsel for the petitioner has submitted that there is no recovery of incriminating articles from possession of the petitioner. There is general and omnibus

Patna High Court Cr.Misc. No.11293 of 2018(4) dt.10-04-2018 2/2 allegation against the petitioner.

In such circumstances, prayer for anticipatory bail is 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 bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Phulwarisharif P.S. Case No. 293 of 2017, to the satisfaction of the learned Judicial Magistrate 1st Class, Patna, 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 dated fixed by the court and absence on two consecutive dates without proper and reasonable reason, will automatically cancel bail bonds of the petitioner and

(3) if the 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) khushbu/- U T