Kesho Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.42008 of 2018 Arising Out of PS.C.ase No. -47 Year- 2018 Thana -NABINAGAR District- AURANGABAD ======================================================

1. Kesho Singh, Son of Late Ramdeni Singh, Resident of Village Baghadabar, P.S. Nabinagar, District- Aurangabad. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Ashok Kumar No.6, Advocate For the Opposite Party/s : Mr. Madan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-07-2018 Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Nabinagar P.S. Case No. 47/2018, instituted for the offences punishable under Sections 147, 148, 149, 341, 323, 324, 325, 307, 354, 435, 353, 332, 333, 427, 379, 504 and 120(B) of the Indian Penal Code. Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner. The petitioner is only alleged to be a member of the unlawful assembly.

In the written report there is allegation that on account of death of a boy in the road accident, several people had assembled and started assaulting the police party and also caused

Patna High Court Cr.Misc. No.42008 of 2018 (2) dt.23-07-2018 2/2 damage to government properties.

Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Nabinagar P.S. Case No. 47/2018, they 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 learned Chief Judicial Magistrate, Aurangabad, subject to the conditions as laid down under Section 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 bond of the petitioner and (3) if 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.)