Sanjay Kumar Shukla @ Sanjay Sukul v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.47490 of 2017 Arising Out of PS.Case No. -127 Year- 2017 Thana -GOPALGANJ TOWN District- GOPALGANJ ====================================================== Sanjay Kumar Shukla @ Sanjay Sukul, S/o Dwarika Nath Shukla, Resident of Village- Niyamat Ghuriyav, P.S.- Kateya, District- Gopalganj. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jyotsna Rani Mishra, Advocate. For the Opposite Party/s : Mr. Satyendra Narayan Singh, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 08-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Gopalganj P.S. Case No. 127 of 2017 instituted for the offence under Sections 307, 120(B) of the Indian Penal Code and Section 27 of the Arms Act. It has been submitted that petitioner is not named in the First Information Report. His name has come in the confessional statement of co-accused Sonu Srivastava.

Learned Sessions Judge has mentioned in the impugned order that petitioner along with three co-accused were arrested with arms and ammunition in Gopalganj P.S. Case No. 194 of 2017 in which petitioner and co-accused Kaushal Kishore Mishra @ Dimpal Mishra made confessional statement and on that basis the name of this petitioner has come. The learned counsel for the petitioner has submitted that the petitioner has already been granted bail in Gopalganj

Patna High Court Cr.Misc. No.47490 of 2017 (3) dt.08-11-2017 2/2 P.S. Case No. 194 of 2017.

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 Gopalganj P.S. Case No. 127 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 Chief Judicial Magistrate, Gopalganj, 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.