Ajay Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.38761 of 2017 Arising Out of PS.Case No. -321 Year- 2017 Thana -BODHGAYA District- GAYA ======================================================
1. Ajay Ram, son of late Sidheshwar Ram, R/o Mohalla- Gaurakshni Mode, P.S.- Muffasil, District- Gaya.
.... .... Petitioner/s
Versus
1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Rabindra Kumar Priyadarshi, Advocate For the Opposite Party/s : Smt. Gulnar Begam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 28-08-2017 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Bodh Gaya P.S. Case No.321 of 2017 instituted for the offence under Section(s) 279, 338, 304, 420 Indian Penal Code and Sections 177, 182, 182-A, 189, 190 of the Motor Vehicles Act.
As per written report, there is allegation of causing accident due to rash and negligent driving by the driver of the Tempo on account of which nephew of the Informant died. Petitioner is said to be the owner of the aforesaid Tempo. From the written report itself, it appears that the petitioner was not present at the spot.
In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the
Patna High Court Cr.Misc. No.38761 of 2017 (2) dt.28-08-2017 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Bodh Gaya P.S. Case No.321 of 2017, 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 Chief Judicial Magistrate, Gaya, 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