Lalbabu Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.30680 of 2017 Arising Out of PS.Case No. -601 Year- 2016 Thana -MOTIHARI TOWN DistrictEASTCHAMPARAN(MOTIHARI) ====================================================== Lalbabu Prasad, Son of Late Sahdeo Sah, Resident of Bariyarpur, P.S.- Chhatauni, District- East Champaran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sangeet Deokuliar, Advocate. For the Opposite Party/s : Mr. Nand Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 21-07-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Motihari Town P.S. Case No. 601 of 2016 instituted for the offence under Sections 302, 120B/34 of the Indian Penal Code and Section 27 of the Arms Act.

It has been submitted on behalf of the petitioner that there is specific allegation of firing upon co-accused. The petitioner is said to be the member of unlawful assembly.

In the written report it is alleged that co-accused Rohit Kumar fired on the head of brother of the informant and he fell down on the spot. The petitioner is said to be the member of unlawful assembly. The other co-accused persons with similar allegation have been granted anticipatory bail by coordinate Benches of this Court vide orders dated 13.7.2017 and 6.7.2017 passed in Cr. Misc. 31347 of

Patna High Court Cr.Misc. No.30680 of 2017 (3) dt.21-07-2017 2/2 2017 and 28648 of 2017 respectively.

Considering the facts and circumstances of the case, 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 Motihari Town P.S. Case No. 601 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, Motihari, East Champaran, 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.Ali/- U T