Soli @ Sholi @ Abhishek Raushan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54926 of 2017 Arising Out of PS. Case No.-229 Year-2016 Thana- GHOSI District- Jehanabad ====================================================== Soli @ Sholi @ Abhishek Raushan, Son of Maheshwar Kumar Singh @ Mahesh Singh, Resident of A/80, Housing Colony, Kankarbagh, P.S.- Kankarbagh, Dist.- Patna.

... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Yogesh Chandra Verma Sr. Advocate.

For the Opposite Party/s :

Md. Anzarul Haque Sahara ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 07-02-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Ghosi P.S. case no. 229 of 2016 instituted for the offence under Section(s) 302, and 201/34 of the Indian Penal Code and Section 27 of the Arms Act.

Learned counsel for the petitioner has submitted that he is not named in the F.I.R.. The F.I.R. is lodged against unknown. The police submitted final form in this case. The police filed petition for re-investigation before the learned Chief Judicial Magistrate on 3.3.2017 which was allowed by the learned Magistrate on the same day. Thereafter the police has submitted charge sheet against this petitioner on 4.3.2017 as would appear

Patna High Court Cr.Misc. No.54926 of 2017(5) dt.07-02-2018 2/3 from the order dated 10.3.2017 of the learned Magistrate, on which date the case was posted for hearing on the point of cognizance. From the impugned order, it appears that the learned Sessions Judge has mentioned that the I.O. has submitted charge sheet against this petitioner on the basis of mobile call details and tower location .

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 Ghosi P.S. case no. 229 of 2016, 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 the Chief Judicial Magistrate, Jehanabad, 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

Patna High Court Cr.Misc. No.54926 of 2017(5) dt.07-02-2018 3/3 to move for cancellation of bail of the petitioner. (Sanjay Priya, J) shyambihari/- U T