Patna High CourtCR. MISC./27163/2017bail granted

Naresh Parjapati v. The State Of Bihar

2017-07-01Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27163 of 2017 Arising Out of PS.Case No. -9 Year- 2017 Thana -AMBA District- AURANGABAD ======================================================

1. Naresh Parjapati Son of Dhaneshwar Prajapati, Resident of VillageNarhar Amba, P.S.- Chandaut Ghongra, P.S.- Amba, District- Aurangabad. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Dronacharya For the Opposite Party/s : Ms. Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 01-07-2017 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Amba Police Station Case No. 09 of 2017, disclosing offences under Sections 147, 148, 149, 341, 323, 307, 302, 504 and 506 of the Indian Penal Code. Learned Counsel for the petitioner, referring to the First Information Report, has submitted that as per the case of the prosecution, the deceased had already died before the petitioner had reached the place of occurrence. The allegation is that after the informant raised cry for help, so many persons rushed including this petitioner, whereafter he assaulted the informant.

Patna High Court Cr.Misc. No.27163 of 2017 (2) dt.01-07-2017 2/2 Considering the submission that there is no specific overt act alleged against the petitioner, leading to the death of the deceased, this application is allowed. Let the petitioner, Naresh Parjapati, in the event of his arrest or surrender before the Court below within six weeks, be released on 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, Aurangabad, in connection with Amba Police Station Case No. 09 of 2017, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.

This is subject to the condition that the petitioner shall present himself before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the Court on two consecutive occasions, his bail bond shall be liable to be cancelled.

(Chakradhari Sharan Singh, J.) Prabhakar Anand/- U √ T √