Sanjeev Giri @ Chhotu Baba v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.58146 of 2017 Arising Out of PS.Case No. -7 Year- 2017 Thana -PAHARPUR DistrictEASTCHAMPARAN(MOTIHARI) ======================================================

1. Sanjeev Giri @ Chhotu Baba, S/o Dinanath Giri, R/o Village- Giri Tola Paharpur, P.S.- Paharpur, District- East Champaran. .... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Sachida Nand Rai, Advocate For the Opposite Party/s : Mr. Ashok Kumar Singh 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 19-12-2017 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Paharpur P.S. Case No.07of 2017 instituted for the offence under Section(s) 307 and other allied sections of the Indian Penal Code, section 27 of the Arms Act and Section 3/5 of the Public Property Damage Act.

It is alleged that the police apprehended Arun Giri and Manish Giri. Thereafter, mob of 50/60 persons armed with different weapons arrived and tried to free the aforesaid arrested accused persons. Petitioner is named in the First Information Report.

It has been submitted that petitioner is said to be

Patna High Court Cr.Misc. No.58146 of 2017 (2) dt.19-12-2017 2/3 only member of unlawful assembly.

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 Paharpur P.S. Case No.07of 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 Chief Judicial Magistrate, Motihari, East Chamapran, 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) JA/- U T

Patna High Court Cr.Misc. No.58146 of 2017 (2) dt.19-12-2017 3/3