Amarjeet @ Amardeep Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.15738 of 2017 Arising Out of PS.Case No. -455 Year- 2016 Thana -BEGUSARAI MUFFASIL DistrictBEGUSARAI ======================================================
1. Amarjeet @ Amardeep Kumar, son of Ram Balak Singh, resident of village - Lodipur Shahpur, P.S. Muffasil, District - Begusarai .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Ajay Kumar Thakur, Advocate M. Pravind Kumar, Advocate Mr. Nilesh Kumar, Advocate For the Opposite Party/s : Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 17-05-2017 Heard learned counsel for the Petitioner and the State.
The Petitioner apprehends his arrest in Mufassil (Lakho) P.S. Case No.455 of 2016 instituted for the offence under Section(s) 302/34 Indian Penal Code and Section 27 of the Arms Act.
It has been submitted on behalf of the petitioner that First Information Report is against unknown. Name of this petitioner has been taken by the informant in his further statement, which was recorded after about one month of the occurrence. In that further statement, the informant has mere raised suspicion against this petitioner. Thereafter, one co-
Patna High Court Cr.Misc. No.15738 of 2017 (3) dt.17-05-2017 2/3 accused, Ravi Jha, in his confessional statement has taken name of this petitioner.
From written report, it appears that the informant learnt in the village that one of his sons, namely, Pravin Kumar Thakur has been murdered. The informant came to village where occurrence took place and then he learnt that unknown person has committed murder of his son.
From the written report itself, it appears that the informant was not present in the village.
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 Mufassil (Lakho) P.S. Case No.455 of 2016, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Chief Judicial Magistrate, Begusarai, 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
Patna High Court Cr.Misc. No.15738 of 2017 (3) dt.17-05-2017 3/3 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) JA/- U T