Satyam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45607 of 2018 Arising Out of PS. Case No.-291 Year-2017 Thana- BIHARSHARIF District- Nalanda ====================================================== Satyam Kumar Son of Vijay Kumar, resident of Village- Parwati, P.S.- Kashichak, District- Nawada.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manoj Kumar Singh For the Opposite Party/s :

Mr. Sri Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 13-08-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Bihar P.S. case no. 291 of 2017 instituted for the offence under Section(s) 323, 341, 504, 307, and 302/34 of the Indian Penal Code and Section 27 of Arms Act.

Learned counsel for the petitioner has submitted that petitioner is not named in the written report. Police after investigation found the case of the petitioner false and submitted final form against this petitioner. But cognizance has been taken against the petitioner. This fact finds mention in the impugned order also.

In the written report, there is no allegation of overt act against this petitioner.

Patna High Court Cr.Misc. No.45607 of 2018(2) dt.13-08-2018 2/2 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 Bihar P.S. case no. 291 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 CJM, Nalanda at Biharsharif 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 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 the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.