Ponga Prasad v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.11944 of 2018 Arising Out of PS.Case No. -302 Year- 2017 Thana -GAYA KOTWALI District- GAYA ====================================================== Ponga Prasad, Son of Sahdeo, Resident of Mohalla- Pahsi, P.S.- Kotwali, District- Gaya.
.... .... Petitioner/s
Versus
The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar, Advocate. For the Opposite Party/s : Smt. Reena Sinha, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-04-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kotwali P.S. Case No. 302 of 2017 instituted for the offence under Sections 447, 147, 148, 149, 504 of the Indian Penal Code and Section 27 of the Arms Act.
Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner. In the written report it is alleged that petitioner and other co-accused persons as named in the written report is man of bad antecedent. They all abused the informant on the date of occurrence and in the night at 9:30 p.m. co-accused Ranjan Yadav along with other co-accused persons fired two round and threw bomb on the son of the informant but he survived luckily.
From the written report it appears that there is no
Patna High Court Cr.Misc. No.11944 of 2018 (3) dt.04-04-2018 2/2 allegation of specific overt act against this petitioner. There is no injury sustained by anybody.
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 Kotwali P.S. Case No. 302 of 2017, 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 Additional 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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.Ali/- U T