Sanoj Kumar @ Sanoj Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.52712 of 2018 Arising Out of PS. Case No.-197 Year-2017 Thana- NASRIGANJ District- Rohtas ====================================================== Sanoj Kumar @ Sanoj Yadav S/o Late Jagadanand Singh @ Jagat Singh, Resident of Village- Balihar P.S. Suryapura, District- Rohtas. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Chandra Mohan Jha For the Opposite Party/s :
Mr. Sri Jagdhar Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY KUMAR ORAL ORDER 17-12-2018 Heard learned counsel for the petitioner and learned A.P.P. for the State.
Petitioner apprehends arrest in connection with Nasriganj P.S. Case No.197 of 2017 registered for the offence under Section 392 of IPC.
It is alleged that two persons with Scorpio over powered the truck driver and father of the owner of the truck which was loaded with 360 bags of wheat and after confining the victims, the miscreants fled away with the truck in question. It has been submitted that the name of this petitioner appeared from confessional statement of co-accused Bhola Singh Yadav. The said Bhola Singh Yadav has been allowed bail in Cr.Misc.No.12094 of 2018. Another accused Shankar
Patna High Court Cr.Misc. No.52712 of 2018(3) dt.17-12-2018 2/3 Choudhary who was apprehended by the police on the basis of confessional statement of Bhola Singh Yadav has also been allowed bail in Cr.Misc.No.56608 of 2018. The petitioner has clean antecedent except one case in which he is on bail. The learned A.P.P. for the State opposed the submission.
Considering the facts and circumstances of the case, the prayer for anticipatory bail is allowed and the above named petitioner, in the event of arrest or surrender before the learned court below within six weeks from today, is directed to be released on bail on furnishing bail bonds of Rs.10,000/-(rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Bikramganj, Rohtas in connection with Nasriganj P.S. Case No.197 of 2017 subject to the conditions as laid down under Section 438(2) of 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 tampers with the evidence or the witnesses of
Patna High Court Cr.Misc. No.52712 of 2018(3) dt.17-12-2018 3/3 the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.
(Sanjay Kumar, J) Harish/- U