Jitendra Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30481 of 2018 Arising Out of PS.Case No. -399 Year- 2017 Thana -NANHPUR District- SITAMARHI ======================================================

1. Jitendra Kumar, S/o Ram Chhabila Mahto, R/o Village- Bahera Jahidpur, P.S.- Nanpur, Distt.- Sitamarhi.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Devendra Kumar, Advocate For the Opposite Party/s : Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 24-05-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Nanpur P.S. Case No.399 of 2017 instituted for the offence under Section(s) 341, 379, 420, 504, 506/34 Indian Penal Code. It is alleged in the written report that petitioner sold his vehicle to the informant for valuable consideration and written agreement was made before Notary Public. The petitioner came to the house of the informant and took away the vehicle by giving forged paper. The informant demanded back his money, but he refused to pay the amount.

Counsel for the petitioner submits that, in fact, he has not sold the vehicle to the informant. He has sold the vehicle to one Santosh Kumar Thakur. In support of which, he has

Patna High Court Cr.Misc. No.30481 of 2018 (2) dt.24-05-2018 2/2 annexed Annexure-5 in the bail petition.

In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Nanpur P.S. Case No.399 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 the SubDivisional Judicial Magistrate, Pupri, Sitamarhi, 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) JA/- U T