← Library
Patna High CourtCR. MISC./40027/2017bail granted

Jhagru Rai v. The State Of Bihar

2017-08-31Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40027 of 2017 Arising Out of PS.Case No. -284 Year- 2016 Thana -MAHUA District- VAISHALI(HAJIPUR) ====================================================== Jhagru Rai, Son of Ram Babu Rai, Resident of Village- Sadapur Mahua, Police Station- Mahua, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Ranjeet Kumar, Advocate. For the Opposite Party/s : Mr. Arun Kumar Singh -5, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 31-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Mahua P.S. Case No. 284 of 2016 instituted for the offence under Sections 147, 148, 149, 341, 323, 307, 504 and 379 of the Indian Penal Code.

It is alleged that petitioner assaulted the informant with butt of pistol on his head due to which he fell down. Learned Sessions Judge has mentioned in the impugned order that the Doctor has found three injuries on the body of the informant but all the injuries were found to be simple in nature as submitted by the petitioner.

In such circumstances, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the

Patna High Court Cr.Misc. No.40027 of 2017 (2) dt.31-08-2017 2/2 petitioner, named above, within six weeks from today, in connection with Mahua P.S. Case No. 284 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, Vaishali at Hajipur, 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