Patna High Court - OrdersKallu Mian vs The State Of Bihar on 19 June, 2018Author:Sanjay PriyaBench:Sanjay PriyaIN THE HIGH COURT OF JUDICATURE AT PATNA
                                   Criminal Miscellaneous No.26462 of 2018
                  Arising Out of PS. Case No.-344 Year-2017 Thana- HARSIDHI District- East Champaran
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                 Kallu Mian, Son of Mohammad Shani @ Ahmad Resident of Village-
                 Laukhan, P.S.- Paharpur, District- East champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar.

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Dilip Kumar Tondon
                 For the Opposite Party/s :       Mr. Sri Binod Kumar
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                 CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA
                                       ORAL ORDER

3   19-06-2018Heard learned counsel for the petitioner and learned

                  APP for the State.Petitioner apprehends his arrest in Harsidhi P.S. Case No.

                  344 of 2017 instituted for the offence underSections 341,342,354(B),323and379/34of the Indian Penal Code.Learned counsel for the petitioner submits that petitioner

                  is not named in the written report. His name has come in the

                  supervision note of the police. In the written report the

                  informant has specifically named three accused persons after

                  identifying them during the offence and has not taken the name

                  of this petitioner. The learned Sessions Judge, East Champaran,

                  Motihari had mentioned in the impugned order that name of this

                  petitioner has come in the supervision note of the police vide

                  paragraph 18 of the case diary.Patna High Court Cr.Misc. No.26462 of 2018(3) dt.19-06-20182/2In 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 Harsidhi P.S. Case No.

                    344 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 C.J.M.,

                    Motihari, East Champaran subject to the conditions as laid down

                    underSection 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.(Sanjay Priya, J)
shyambihari/-U      T