Aniket Pandey @ Aniket Ranjan v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.26738 of 2017 Arising Out of PS.Case No. -89 Year- 2017 Thana -CHATOUNI DistrictEASTCHAMPARAN(MOTIHARI) ======================================================
1. Aniket Pandey @ Aniket Ranjan Son of- Sri Nawal Kishor Pandey, resident of Village- Bishunpura, P.S.- Pipra, District- East Champaran. .... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Binod Kumar Singh For the Opposite Party/s : Mr. Sri Umesh Lal Verma ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 06-07-2017 Counsel for the petitioner is permitted to make necessary correction in the typed copy.
Heard learned counsel for the petitioner and learned Addl. Public Prosecutor for the State.
The petitioner apprehends his arrest in Chatauni P.S. Case No. 89 of 2017 instituted for the offence under Sections307, 326, 427, 120(B) & other minor sections of the Indian Penal Code.
It has been submitted on behalf of the petitioner that allegedly, on the date of occurrence, the informant proceeded for Motihari Sugar Mill for talk with leaders of labour union and employees. The labours and their family members were sitting on Dharana and two persons, namely Naresh Srivastava and Suraj
Baitha self immolated and thereafter, the mob started throwing bricks and attacked with iron rod. It is further alleged that during incident, five persons were apprehended and they disclosed the name of this petitioner.
It is submitted that the petitioner is a young boy and social worker and president of Bihar Navyuvak Sena. He has been implicated in this case because he asked the police persons to raise the matter before the Human Rights Commission. From the written report itself, it appears that name of this petitioner was disclosed by the persons who have been apprehended by the police.
In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner, named above in the event of his arrest/surrender in the court below within six weeks from today shall be released on bail on furnishing bail bonds of Rs. 10,000/- with two sureties of the like amount each in connection with Chatauni P.S. Case No. 89 of 2017 to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran subject to conditions as laid down u/S 438(2) of the Cr.P.C. with further conditions (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioners 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) A.K.V./- U T