Bishnu Ojha v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.44314 of 2018 Arising Out of PS.C.ase No. -20 Year- 2018 Thana -SIMRI District- BUXAR ======================================================

1. Bishnu Ojha S/o Birendra Ojha, R/o Vill.- Kharhatar, P.S.- Simari, District- Buxar.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : Mr. Arun Kumar Pandey, Advocate For the Opposite Party/s : Mr. Mithilesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-07-2018 Learned counsel for the petitioner is given permission to make necessary correction in para 1 of the bail petition during course of the day.

Heard learned counsel for the petitioner as well as the State.

The petitioner apprehends his arrest in Simari P.S. Case No. 20/2018, instituted for the offences punishable under Sections 341, 323, 354, 379, and 452/34 of the Indian Penal Code. Learned counsel for the petitioner has submitted that there is general and omnibus allegation against the petitioner in the written report. The injury on the person of the informant is found to be simple in nature. It is further submitted that other coaccused having similar allegation has already been granted

Patna High Court Cr.Misc. No.44314 of 2018 (2) dt.27-07-2018 2/2 anticipatory bail by a Co-ordinate Bench of this court vide order dated 02.07.2018 passed in Cr. Misc. No. 36639/2018. Considering the facts and circumstances of the case, the prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, named above, within six weeks from today, in connection with Simari P.S. Case No. 20/2018, 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 Additional Chief Judicial Magistrate-IVth, Buxar, subject to the conditions as laid down under Section 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 bond of the petitioner and (3) if 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.)