Rahman Sah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48312 of 2017 Arising Out of PS.Case No. -174 Year- 2015 Thana -ROSERA District- SAMASTIPUR ======================================================
1. Rahman Sah, son of Niro Sah, resident of village- Motipur, P.S.- Rosera, District- Samastipur (parentage in the FIR is not correct, Correct Parentage is son of Late Nuro Sah, resident of village-- Jahangirpur, P.S.- Rosera, District- Samastipur.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar, Advocate For the Opposite Party/s : Mr. APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 17-10-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Rosera P.S. Case No.174 of 2015 instituted for the offence under Section(s) 307 and other allied Sections of Indian Penal Code. It has been submitted that petitioner has no criminal antecedents. There is general and omnibus allegation against the petitioner in the First Information Report.
It is mentioned in the written report itself that local people disclosed name of this petitioner to the Informant. 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
Patna High Court Cr.Misc. No.48312 of 2017 (2) dt.17-10-2017 2/2 six weeks from today in connection with Rosera P.S. Case No.174 of 2015, he shall be released on anticipatory bail on furnishing bail bond of `10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the Additional Chief Judicial Magistrate, Rosera, Samastipur, 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) JA/- U T