Gautam Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.26745 of 2017 Arising Out of PS.Case No. -59 Year- 2016 Thana -KARPI District- JEHANABAD ====================================================== Gautam Kumar, Son of Rama Singh, resident of Village- Shiv Nagar, Police Station- Karpi, District- Arwal.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Vibhuti Ranjan Sonvadra, Advocate For the Opposite Party/s : Mr. Umesh Lal Verma, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Karpi P.S. Case No. 59 of 2016 instituted for the offence under Sections 302/34 of the Indian Penal Code and Section 27 of the Arms Act. As per written report, on the order of this petitioner, Gaurav fired shot on the father of the informant on account of which he fell down.

It has been submitted that all the accused persons were seen having pistol in their hands. In this manner, in the written report, it appears that the allegation against the petitioner is of order giver. There is specific allegation of causing firearm injury on the father of the informant against co-accused Gaurav. Considering the facts and circumstances of the case,

Patna High Court Cr.Misc. No.26745 of 2017 (2) dt.06-07-2017 2/2 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 Karpi P.S. Case No. 59 of 2016, he 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 learned Chief Judicial Magistrate, Arwal, 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) S.