Patna High CourtCR. MISC./21847/2016bail granted

Pradeep Saw v. The State Of Bihar

2016-07-19Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.21847 of 2016 Arising out of P.S. Case No. 56 year 2015, Thana-Fatehpur, District-Gaya ====================================================== Pradeep Saw son of Kali Saw, resident of village- Amghati, P.S.- Fatehpur, District- Gaya .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Kunwar Narayan Jamuar For the Opposite Party/s : Mr. Awadhesh Kr.Singh(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 19-07-2016 Heard leaned counsel for the petitioners and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Fatehpur P. S. Case No. 56 of 2015, disclosing offences under Sections 302 and 328 of the Indian Penal Code. It is alleged that the petitioner mixed poison in the alcohol which the deceased had consumed. The allegation is based on suspicion, there being dispute between the deceased and the petitioner over a tree.

Leaned counsel appearing on behalf of the petitioner submitted that no material evidence could be collected in course of investigation to justify the petitioner's implication in the case.

Patna High Court Cr.Misc. No.21847 of 2016 (4) dt.19-07-2016 2/2 Considering the above submission, this application is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/-(Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Xth, Gaya, in connection with Fatehpur P. S. Case No. 56 of 2015, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J) Mishra/- U T