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Patna High CourtCR. MISC./40922/2017bail granted

Rajesh Yadav v. The State Of Bihar

2017-09-07Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.40922 of 2017 Arising Out of PS.Case No. -59 Year- 2017 Thana -AMAS District- GAYA ====================================================== Rajesh Yadav, Son of Kamdeo Yadav, Resident of Village-Rajpur, P.S. Amas, District-Gaya.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Anil Kumar Saxena, Advocate For the Opposite Party/s : Mr. Amrendra Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-09-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Amas P.S. Case No. 59 of 2017 instituted for the offence under Sections 147, 323 and 302 of the Indian Penal Code.

It has been submitted on behalf of the petitioner that there is general and omnibus allegation against him that he with other accused persons pressed the neck of brother of the informant.

Learned Sessions Judge has mentioned in the impugned order that cause of death is due to shock and haemorrhage caused by hard and blunt substance. Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the

Patna High Court Cr.Misc. No.40922 of 2017 (2) dt.07-09-2017 2/2 event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Amas P.S. Case No. 59 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 Judicial Magistrate, 1st Class, Sherghati at 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) S.Ali/- U T