Deepak Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.46252 of 2018 Arising Out of PS.Case No. -256 Year- 2017 Thana -GOPALPUR District- PATNA ======================================================

1. Deepak Kumar son of Sugamber Singh, resident of Village- Nayamat Chak, P.S. Gaurichak, District- Patna.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rakesh Kumar Chandram For the Opposite Party/s : Mr. Sri Mritunjay Kumar Nirala ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-08-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Gopalpur P.S. Case No. 256/2017, instituted for the offences punishable under Sections 427, 379, 384/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that in the written report, it is alleged that on the date of occurrence, the petitioner and other accused persons had taken away sand, bricks and soil etc., which was stored by the informant on his land. As such there is general and omnibus allegation against this petitioner.

Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six

Patna High Court Cr.Misc. No.46252 of 2018 (3) dt.21-08-2018 2/2 weeks from today, in connection with Gopalpur P.S. Case No. 256/2017, 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 learned A.C.J.M. IXth, Patna, subject to the conditions as laid down under Section 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 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 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 petitioner.

(Sanjay Priya, J.) Rakhi U T