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Patna High CourtCR. MISC./40934/2017bail granted

Motichand Yadav @ Motichandra Yadav v. The State Of Bihar

2017-09-04Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40934 of 2017 Arising Out of PS.Case No. -65 Year- 2017 Thana -MAJHAHGARH District- GOPALGANJ ======================================================

1. MOTICHAND YADAV @ MOTICHANDRA YADAV Son of Late Bikau Yadav, Resident of Village-Paithan Patti Malikana, P.S. Manjhagarh, District Gopalganj.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Naresh Prasad For the Opposite Party/s : Mr. Sri Anil Kumar Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-09-2017 Heard both sides.

The petitioner apprehends his arrest in Manjhagarh P.S. Case No. 65/2017 instituted for the offences under Sections 341, 323, 307 and 379/34 of the Indian Penal Code. It has been submitted on behalf of the petitioner that there is no specific allegation against the petitioner. There is omnibus allegation that he made firing in the air with his katta. Considering the facts and circumstances of the case, the 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 Manjhagarh P.S. Case No. 65/2017, he shall be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the

Patna High Court Cr.Misc. No.40934 of 2017 (2) dt.04-09-2017 2/2 like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gopalganj, subject to the conditions as laid down under Section 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) 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 tamper 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.) Rakhi U T