Vishek Rai @ Vishesh Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.45809 of 2017 Arising Out of PS.Case No. -526 Year- 2016 Thana -BIHTA District- PATNA ====================================================== Vishek Rai @ Vishesh Rai Son of Sri Chandra Sekhar Rai, R/o VillageAnandpur, P.O.- Anandpur Camp, P.S.- Bihta, District- Patna. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Jogendra Kumar For the Opposite Party/s : Mr. Yogendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-10-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends his arrest in Bihta P.S.Case No.526 of 2016 instituted for the offence under Sections 147, 148, 149, 341, 324, 302, 342, 364, 201, 506 of Indian Penal Code and Section 27 of the Arms Act.

It has been submitted that the petitioner is said to be only a member of unlawful assembly. There is no allegation of any overt act against the petitioner.

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 Bihta P.S. Case No.526

Patna High Court Cr.Misc. No.45809 of 2017 (2) dt.04-10-2017 2/2 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 the Additional Chief Judicial Magistrate, Danapur, 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) AnilKrSinha/- U