Patna High CourtCR. MISC./38730/2017bail granted

Rajeshwar Singh v. The State Of Bihar

2017-08-23Mr. Justice Sanjay Priya2 pages

Patna High Court Cr.Misc. No.38730 of 2017 (2) dt.23-08-2017

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38730 of 2017 Arising Out of PS.Case No. -130 Year- 2017 Thana -GARKHA District- SARAN ======================================================

1. Rajeshwar Singh son of Baburam Singh, Resident of Village- Wajitpur, Police Station- Garkha, District- Saran.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Manoj Kumar For the Opposite Party/s : Mr. Sri Anand Mohan Prasad Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends arrest in Garkha P.S. Case No. 130 of 2017 instituted for the offence under Section-302 & other minor sections of the Indian Penal Code.

It has been submitted that there is specific allegation against co-accused Pankaj Kumar Singh. Petitioners are merely members of the mob. The other co-accused with similar allegation has been granted anticipatory bail by coordinate bench of this court vide order dated 1908-2017 passed in Cr. Misc. No. 36498 of 2017. In such circumstances, prayer for anticipatory bail is allowed and it is ordered that the petitioner named above in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of

Patna High Court Cr.Misc. No.38730 of 2017 (2) dt.23-08-2017 the like amount each in connection with in Garkha P.S. Case No. 130 of 2017 to the satisfaction of learned Additional Chief Judicial MagistrateII, Saran subject to condition 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) 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) A.K.V./- U T