Patna High CourtCR. MISC./12449/2018bail granted

Sk. Nawab @ Md . Nawab v. The State Of Bihar

2018-02-28Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12449 of 2018 Arising Out of PS.Case No. -239 Year- 2017 Thana -PIRPAINTI District- BHAGALPUR ====================================================== Sk. Nawab @ Md. Nawab, son of Liyakat, resident of village Khanpur, P.S. Pirpainti, Distt. Bhagalpur.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Tarun Prasad Mandal, Advocate. For the Opposite Party/s : Mr. Vinod Shankar Modi, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 28-02-2018 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Pirpainti P.S. Case No. 239 of 2017 instituted for the offence under Sections 307, 506/34 of the Indian Penal Code and Section 27 of the Arms Act.

In the written report it is alleged that several villagers arrived on hearing the sound of firing but no injury was caused to anybody.

Learned counsel for the petitioner has submitted that petitioner has been falsely implicated in this case. 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 Pirpainti P.S. Case No.

Patna High Court Cr.Misc. No.12449 of 2018 (2) dt.28-02-2018 2/2 239 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-XI, Bhagalpur, 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