Patna High CourtCR. MISC./39724/2017bail granted

Laddu @ Latu v. The State Of Bihar

2017-08-30Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.39724 of 2017 Arising Out of PS.Case No. -129 Year- 2016 Thana -BHARGAWAN District- ARRARIA ====================================================== Laddu @ Latu, S/o- Mustakim, Resident of Village- Akarthapa, P.S. Bhargama, District- Araria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Md. Naushad Uzzoha, Advocate For the Opposite Party/s : Dr. Rabindra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 30-08-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Bhargama P.S. Case No. 129 of 2016 instituted for the offence under Sections 447, 341, 323, 307, 504, 414 of the Indian Penal Code and Sections 25(1-b) and 35 of the Arms Act.

It has been submitted that name of this petitioner has been disclosed by co-accused Md. Akram who is alleged to have taken out the pistol from his waist and gave threat to the informant. As such, the petitioner is neither named in the written report nor there is any recovery of incriminating article from his possession.

It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.

Patna High Court Cr.Misc. No.39724 of 2017 (2) dt.30-08-2017 2/2 Considering the facts and circumstances of the case, 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 Bhargama P.S. Case No. 129 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, Araria, 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.