Subodh Kumar @ Subodh Singh v. The State Of Bihar Through The Director General Of Police, Bihar, Patna And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.9641 of 2018 Arising Out of PS. Case No.-344 Year-2017 Thana- KESARIA District- East Champaran ====================================================== Subodh Kumar @ Subodh Singh S/o Late Singhasan Singh, R/o VillageKhorha, P.S.- Keshariya, District- East Champaran at Motihari ... Petitioner

Versus

1. The State of Bihar Through The Director General of Police, Bihar, Patna.

2. The Suprintendent of Police, East Champaran at Motihari, District- East Champaran at Motihari.

3. The Station Head Officer, Keshariya Police- Station, District- East Champaran at Motihari ... Opposite Parties ====================================================== Appearance :

For the Petitioner :

Mr. Anita Kumari, Adv.

For the Opposite Parties :

Mr. Rand Randhir Singh, APP 209 ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 4 26-03-2018 Heard the parties.

This is a petition for grant of anticipatory bail for offences under Sections 341 and 307 of the Indian Penal Code and 27 of the Arms Act.

Learned counsel for the petitioner has submitted that the informant in the first information report recorded on 06.12.2017 did not take the name of this petitioner. The first information report was against unknown. In the first information report the occurrence is said to have taken place on 28.11.2017. The husband of the informant subsequently died on 12.12.2017. thereafter, another statement of informant was recorded on 21.12.2017, wherein she has stated that after the death of her husband on 12.12.2017 his family have informed to informant that Binod Chaudhary and Subodh Singh (petitioner) along with three unknown persons have committed the occurrence.

Patna High Court Cr.Misc. No.9641 of 2018(4) dt.26-03-2018 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Keshariya P.S. Case No. 344 of 2017, he shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, XI, East Champaran at Motihari, subject to the conditions as laid down under Section 438(2) of the Criminal Procedure Code 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond and (3) if petitioner tempers 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.