Patna High CourtCR. MISC./52458/2017bail granted

Raghubir Ram v. The State Of Bihar

2017-11-09Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.52458 of 2017 Arising Out of PS.Case No. -162 Year- 2017 Thana -DESARI District- VAISHALI(HAJIPUR) ======================================================

1. Raghubir Ram, S/o Jagdish Ram, R/o Village- Ajampur, P.S.- Desari (Chandpura O.P.), District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Rajesh Kumar, Advocate For the Opposite Party/s : Mr. Braj Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 09-11-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Desari (Chandpura OP) P.S. Case No.162 of 2017 instituted for the offence under Section(s) 25(1-b)a, 26, 35 of the Arms Act. Counsel for the petitioner has submitted that he has clean antecedents.

It is alleged in the written report that during vehicle checking the police stopped the motorcycle, which was without number. The petitioner managed to escape from the place of occurrence when the police parties were making search of other persons. In this manner, from the written report itself, it appears that there is no any recovery from the possession of this petitioner.

Patna High Court Cr.Misc. No.52458 of 2017 (2) dt.09-11-2017 2/2 In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today in connection with Desari (Chandpura OP) P.S. Case No.162 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 Additional Chief Judicial Magistrate, II, Vaishali at Hajipur, 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.