Butta Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.27196 of 2017 Arising Out of PS.Case No. -21 Year- 2017 Thana -AMBA District- AURANGABAD ======================================================

1. Butta Singh, Sson of Dudheshwar Singh, R/o Village- Airka, P.S.- Kutumba, District- Aurangabad.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s : Mr. Surendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 22-06-2017 Heard learned counsel for the Petitioner and the State.

The Petitioner apprehends his arrest in Amba P.S. Case No.21 of 2017 instituted for the offence under Section(s) 147, 148, 149, 323, 324, 337, 338, 325, 307, 332, 333, 353, 379, 427, 504 Indian Penal Code, Section 27 of the Arms Act and Section 3, 4 of the Damage of Public Property Act. It has been submitted on behalf of the petitioner that there is general and omnibus allegation against the petitioner. Other co-accused with similar allegation have been granted anticipatory bail by this Court vide order dated 19.04.2017 passed in Cr. Misc. No.16926 of 2017.

From the written report, it appears that there is general and omnibus allegation against the petitioner. It is

Patna High Court Cr.Misc. No.27196 of 2017 (2) dt.22-06-2017 2/2 mentioned in para 3 of the petition that the petitioner has clean antecedents.

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 Amba P.S. Case No.21 of 2017, 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, Aurangabad, 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