Sunil Chaubey v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.51992 of 2017 Arising Out of PS.Case No. -133 Year- 2017 Thana -PANCHRUKHI District- SIWAN ======================================================
1. Sunil Chaubey, son of late Ragho Chaubey, resident of village - Sahlaur, P.S. - Sahayak Sarai O.P. (Pachrukhi), District - Siwan. .... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Bijay Prakash Singh, Advocate For the Opposite Party/s : Mr. Ram Anurag Singh, APP For the informant : Mr. Satyendra Rai, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 3/ 22-12-2017 Heard learned counsel for the petitioner and learned APP for the State as well as counsel for the informant. Petitioner apprehends his arrest in Pachrukhi P.S. Case No.133 of 2017 instituted for the offence under Section(s) 302, 420, 406, 423, 465, 467, 468, 120-B Indian Penal Code. Counsel for the petitioner has submitted that mere suspicion has been raised against this petitioner that he had taken the father of the informant with intention to get the sale deed executed with respect to the land and thereafter in conspiracy with other accused caused his death by administering poison. Case diary has been received.
Elder son of the deceased in para 38 of the case diary has stated that his father has died due to illness in the house
Patna High Court Cr.Misc. No.51992 of 2017 (3) dt.22-12-2017 2/3 of his sister-Maya Devi.
It has been submitted that co-accused with similar allegation has been granted anticipatory bail by a co-ordinate Bench of this Court by order dated 14.09.2017 passed in Cr. Misc. No.43708 of 2017.
Counsel for the informant has appeared and opposed the prayer for bail.
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 Pachrukhi P.S. Case No.133 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, VI, Siwan, 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
Patna High Court Cr.Misc. No.51992 of 2017 (3) dt.22-12-2017 3/3 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