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Patna High CourtCR. MISC./14978/2017bail granted

Deepak Prasad v. The State Of Bihar

2017-04-24Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.14978 of 2017 Arising Out of PS.Case No. -95 Year- 2014 Thana -KAKO District- JEHANABAD ======================================================

1. Deepak Prasad Son of Ram Babu Mahto, Resident of Village- Nonhi Math, P.S.- Kako, District- Jehanabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Kulanand Jha For the State : Dr. Ravindra Kumar APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 24-04-2017 Heard learned counsel for the petitioners and the State. The petitioner seeks anticipatory bail in Kako P.S. Case No. 95of 2014 instituted for the offence under Sections-341, 323, 379/34, 307 of the Indian Penal Code.

It has been submitted that the petitioner has clean antecedent.

As per written report, there is allegation against the petitioner that he along with other accused assaulted the husband of the informant with Lathi, Danda on account of which, he became injured. It is mentioned in the written report that there was dispute for payment of outstanding amount of Rs. 50,000/- It has been submitted that co-accused namely, Raushan Kumar has been granted privilege of anticipatory bail by a coordinate bench of this

Patna High Court Cr.Misc. No.14978 of 2017 (4) dt.24-04-2017 2/2 court by order dated 15-02-2017 passed in Cr. Misc. No. 1357 of 2017.

In such circumstances, the prayer for anticipatory bail is allowed and the petitioner named above, in the event of his arrest or surrender in the court below within four weeks from today shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each in connection with Kako P.S. Case No. 95of 2014 to the satisfaction of learned Chief Judicial Magistrate, Jehanabad 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 bond of the petitioners 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) A.K.V./- U T