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Patna High CourtCR. MISC./51281/2017bail granted

Gopal Kumar v. The State Of Bihar

2017-11-07Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.51281 of 2017 Arising Out of PS.Case No. -30 Year- 2017 Thana -BARAHIYA District- LAKHISARAI ====================================================== Gopal Kumar, Son of Yogendra Singh, resident of Village- Abgil, P.S.- Korma, District- Sheikhpura.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Niranjan Parihar, Advocate For the Opposite Party/s : Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Barahiya P.S. Case No. 30 of 2017 instituted for the offence under Sections 364,302,201 and 120(B)/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that the petitioner is not named in the FIR. The allegation against the petitioner is based merely on suspicion and the other co-accused person has already been granted anticipatory bail by a Bench of this Hon'ble Court in Cr. Misc. No. 36930 of 2017 vide order dated 10.08.2017.

In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks

Patna High Court Cr.Misc. No.51281 of 2017 (2) dt.07-11-2017 2/2 from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount in connection with Barahiya P.S. Case No. 30 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai subject to condition as laid down u/S 438 (2) of the 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 bonds of the petitioner and (3) if the petitioner tamper 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) khushbu/- U T