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Patna High CourtCR. MISC./54423/2017bail granted

Sanjay Rai v. The State Of Bihar

2017-11-14Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.54423 of 2017 Arising Out of PS.Case No. -111 Year- 2017 Thana -RAJAPAKAR District- VAISHALI(HAJIPUR) ====================================================== Sanjay Rai S/o Lakhan Rai, R/o Village- Kansara, Kharanti, P.S.- Raja Pakar, District- Vaishali.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Ms. Rina Sinha, Advocate For the Opposite Party/s : Mr. Dilip Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 14-11-2017 Heard learned counsel for the petitioner and the State. The petitioners apprehend arrest in Raja Pakar (Kharanti) P.S. Case No. 111 of 2017 instituted for the offence under Sections 447,341,323,504,379,354,436/34 of the IPC. There is allegation in the written report that this petitioner along with Lakhan Rai set the house of the informant on fire.

It has been submitted on behalf of the petitioner that there is observation of the learned Sessions Judge in impugned order that para 6 of the case diary reveals that police did not find any burnt articles from the place of occurrence. It is further submitted that the petitioner has no criminal antecedent. In such circumstances, prayer for anticipatory bail is

Patna High Court Cr.Misc. No.54423 of 2017 (2) dt.14-11-2017 2/2 allowed and it is ordered that the petitioner, named above, in the event of his arrest or surrender in the court below within six weeks from the date of receipt/production of copy of this order, shall be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount in connection with Raja Pakar (Kharanti O.P.) P.S. Case No. 111 of 2017 to the satisfaction of learned Additional Chief Judicial Magistrate-VIII, Vaishali at Hajipur subject to condition as laid down u/S 438 (2) of the 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 bonds of the petitioner and (3) if the petitioner tamper 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) khushbu/- U T