Chandan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21795 of 2018 Arising Out of PS.Case No. -137 Year- 2014 Thana -AMAS District- GAYA ====================================================== Chandan Kumar, S/o Dashrath Yadav, R/o Village- Dhab Rampur, P.S.- Sherghati and District- Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manish Kumar No-2, Advocate. For the Opposite Party/s : Mr. Umesh Lal Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-05-2018 Heard learned counsel for the petitioners and the State. The petitioners apprehend their arrest in Amas P.S. Case No. 137 of 2014 instituted for the offence under Section 392 of the Indian Penal Code.

Learned counsel for the petitioner has submitted that Motorcycle has been recovered from the house of co-accused Dipu Kumar. The name of this petitioner has been disclosed in the confessional statement of co-accused Amarjeet Kumar. The First Information Report is against unknown. It has further been submitted that petitioner is student of Engineering (Mechanical) in Bhopal. In the First Information Report there is allegation that three unknown persons snatched Motorcycle of the informant. During investigation, the Motorcycle has been recovered from the house of Dipu Kumar.

Patna High Court Cr.Misc. No.21795 of 2018 (3) dt.14-05-2018 2/2 Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioners is allowed. In the event of surrender/arrest of the petitioners, named above, within six weeks from today, in connection with Amas P.S. Case No. 137 of 2014 , they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of Sri Gorakh Nath Dubey, learned Judicial Magistrate, 1st Class, Sherghati (Gaya), 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) petitioners shall cooperate in the trial and shall be present on each and every date fixed by the court and their absence on two consecutive dates without proper and reasonable reason will be liable to cancel their bail bond and (3) if petitioners 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 petitioners.

(Sanjay Priya, J) S.Ali/- U T