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Patna High CourtCR. MISC./41157/2018bail granted

Amit Sah v. The State Of Bihar

2018-07-13Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.41157 of 2018 Arising Out of PS.Case No. -164 Year- 2016 Thana -JOGBANI District- ARRARIA ======================================================

1. Amit Sah, son of Kishore Kumar Sah, resident of village- Soudh Maheshwari, Ward No. 18, Jogbani, P.S.- Jogbani, Dist.- Araria. .... .... Petitioner/s

Versus

1. The State of Bihar.

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

For the Petitioner/s : Mr. Ramesh Kumar Singh, Advocate For the Opposite Party/s : Mr. Ramchandra Sahani, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 13-07-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner apprehends his arrest in Jogbani P.S. Case No.164 of 2016 instituted for the offence under Section(s) 341, 323, 341, 354-B, 307, 325, 379, 504, 506/34 Indian Penal Code.

Counsel for the petitioner submits that there is no allegation of any specific overt act against the petitioner. There is specific allegation in the written report against co-accused Lallu Sah and Kishore Kumar Sah.

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 Jogbani P.S. Case

Patna High Court Cr.Misc. No.41157 of 2018 (2) dt.13-07-2018 2/2 No.164 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, Araria, 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 his absence on two consecutive dates without proper and reasonable reason will be liable to cancel his bail bond 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