Karambir Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.12674 of 2018 Arising Out of PS.Case No. -142 Year- 2017 Thana -SHAMBHUGANJ District- BANKA ====================================================== Karambir Kumar Singh, S/o Lakshman Prasad Singh, R/o Village- Kaitha, P.S.- Shambhuganj, District- Banka.
.... .... Petitioner/s
Versus
The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Balram Kapri, Advocate. For the Opposite Party/s : Mr. Ganesh Prasad Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-03-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Shambhuganj P.S. Case No. 142 of 2017 instituted for the offence under Sections 379 and 411 of the Indian Penal Code. It is alleged that police apprehended one Tractor/ Trailer loaded with sand. The driver of the aforesaid Tractor was not present there.
Learned counsel for the petitioner has submitted that he is agriculturist and tractor belongs to him. He has been falsely implicated in this case due to village politics. The seizure list has been enclosed with the First Information Report but it does not bear signature of the petitioner. Considering the facts and circumstances of the case,
Patna High Court Cr.Misc. No.12674 of 2018 (2) dt.08-03-2018 2/2 prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Shambhuganj P.S. Case No. 142 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 learned Chief Judicial Magistrate, Banka, 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) S.Ali/- U T