Sanjeev Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39081 of 2018 Arising Out of PS.Case No. -53 Year- 2012 Thana -MANSURCHAK District- BEGUSARAI ====================================================== Sanjeev Chaudhary, Son of Aditya Narayan Chaudhary, Resident of Village- Fateha, P.S.- Bachhwara, Dist- Begusarai. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Shakti Suman Kumar, Advocate. For the Opposite Party/s : Mr. Bharat Bhushan, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 18-08-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Mansoorchak P.S. Case No. 53 of 2012 instituted for the offence under Sections 147, 148, 149, 341, 323, 307, 332, 353, 427, 379 and 337 of the Indian Penal Code.

Counsel for the petitioner submits that petitioner is not named in the written report. The Sessions Judge has rejected anticipatory bail of the petitioner under wrong conception that anticipatory bail of the petitioner was earlier rejected by this Court vide Cr. Misc. No. 12284 of 2013. He further submits that anticipatory bail application of the petitioner was dismissed for non-prosecution by the Hon'ble Court vide order dated 12.08.2014 passed in Cr. Misc. No. 12284 of 2013 in connection with Mansoorchak P.S. Case No. 54 of 2012. The aforesaid order has been enclosed as Annexure-5.

Patna High Court Cr.Misc. No.39081 of 2018 (3) dt.18-08-2018 2/2 The petitioner is not named in the written report. There is no allegation of any specific overt act against the petitioner in the entire First Information Report. Considering the facts and circumstances of the case, 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 Mansoorchak P.S. Case No. 53 of 2012, 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 Additional Chief Judicial Magistrate-1, Begusarai, 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/- Rohit Kr.

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