Patna High CourtCR. MISC./28247/2017bail granted

Guput Yadav v. The State Of Bihar

2017-07-18Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.28247 of 2017 Arising Out of PS.Case No. -337 Year- 2016 Thana -BIHIYA District- BHOJPUR ======================================================

1. Guput Yadav, son of late Radha Mohan Yadav, resident of VillageJamuia, P.S. Bihiya, District- Bhojpur. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Shiv Prasad Gupta, Advocate For the Opposite Party/s : Mr. Indra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 18-07-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Bihiya P.S. Case No.337 of 2016 instituted for the offence under Section(s) 341, 323, 307, 353, 504/34 Indian Penal Code and Sections 25 (1-B)A, 26, 27and 35 of the Arms Act.

As per written report, co-accused, Chotu Yadav, made firing but no injury was caused. The petitioner is not named in the First Information Report. Name of the petitioner has been disclosed by the co-accused, Chotu Yadav, before police during investigation.

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

Patna High Court Cr.Misc. No.28247 of 2017 (3) dt.18-07-2017 2/2 weeks from today in connection with Bihiya P.S. Case No.337 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, Bhojpur at Ara, 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 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