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Patna High CourtCR. MISC./32246/2016bail granted

Jitendra Sahani v. The State Of Bihar

2016-08-26Mr. Justice Chakradhari Sharan Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32246 of 2016 Arising Out of PS.Case No. -872 Year- 2015 Thana -HAJIPUR District- VAISHALI (HAJIPUR) =====================================

1. Jitendra Sahani, Son of Ram Nath Sahani, Resident of Village- Hathsarganj, P.S.- Hajipur Nagar, District- Vaishali. .... .... Petitioner/s

Versus

1. The State of Bihar.

.... .... Opposite Party/s ===================================== Appearance :

For the Petitioner/s : Mr. Anish Chandra, Adv. For the Opposite Party/s : Mr. Uma Shankar Pd. Singh, APP ===================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 26-08-2016 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. This application, for grant of anticipatory bail, arises out of Hajipur Nagar P.S. Case No. 872 of 2015, disclosing offences under Sections 341, 342, 323, 324, 379, 504, 506 and 307 of the Indian Penal Code. The petitioner and the informant are Pattidars. Learned counsel for the petitioner has submitted that though the allegation against the petitioner is of assaulting the informant with Sword on his head, but the injuries have not been found to be grievous in nature.

Patna High Court Cr.Misc. No.32246 of 2016 (2) dt.26-08-2016 2/2 He further contends that there is no chance that the petitioner shall flee away, in any event, from the course of investigation or trial, if he allowed the privilege of anticipatory bail.

The petitioner has no criminal antecedent, as stated in paragraph 3 of the application.

In view of the submission, as above, this application is allowed. Let the petitioner, above named, 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/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Vasishali at Hajipur, in connection with Hajipur Nagar P.S. Case No. 872 of 2015, 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, above named, 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.) Praveen-II/- U T