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Patna High CourtCR. MISC./38683/2018bail granted

Jahagir Mian @ Jahagir Ali v. The State Of Bihar

2018-07-04Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.38683 of 2018 Arising Out of PS. Case No.-61 Year-2018 Thana- GOPALGANJ TOWN District- Gopalganj ====================================================== Jahagir Mian @ Jahagir Ali S/o Babu Ali Mian resident of Village - Hajiyapur, Ward No. 27, P.S. Town, District Gopalganj. ... ... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s :

Mr. Harish Kumar For the Opposite Party/s :

Mr. Sri Parmeshwar Mehta ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 04-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Gopalganj (Town) P.S. case no. 61/18 instituted for the offence under Section(s) 341,323, 379, 307, 504/34 of the Indian Penal Code. It is submitted that petitioner is alleged to have assaulted the informant on his head with iron rod. The injury report of the informant is annexed as Annexure 2 to the bail petition which shows that one cut mark was found on the head and the doctor has opined the injury to be simple in nature caused by blunt hard object. Other co- accused persons of this case has already been granted anticipatory bail by coordinate Bench of this Court vide order dated 30.4.2018 passed in Cr. Misc. no. 20970 of 2018.

Patna High Court Cr.Misc. No.38683 of 2018(2) dt.04-07-2018 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 Gopalganj (Town) P.S. case no. 61 of 2018 , 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 learned CJM Gopalganj, 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.