Ujjwal Kumar @ Ujjwal Singh @ Golu Kumar @ Golu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56790 of 2017 Arising Out of PS.Case No. -229 Year- 2017 Thana -JAGDIHSPUR District- BHOJPUR ====================================================== Ujjwal Kumar @ Ujjwal Singh @ Golu Kumar @ Golu, Son of Hareram Singh, resident of Village- Siarua, P.S.- Jagdishpur, District- Bhojpur. .... .... Petitioner

Versus

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

For the Petitioner/s : Mr. Ramakant Sharma, Senior Advocate For the Opposite Party/s : Mr. Sri Mustaque Alam ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 19-12-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in connection with Jagdishpur P.S. Case No.229 of 2017 instituted for the offence under Section 302/34 of the Indian Penal Code and 27 of the Arms Act.

Learned counsel for the petitioner has submitted that the informant is not an eye witness of the case. There is allegation in the written report that this petitioner and other accused persons caused murder of son of the informant Vishal Kumar. Learned counsel for the informant has appeared and submitted that in confessional statement of co-accsued, Rahul, who is the main accused, it has come that this petitioner has arranged pistol from which Rahul has fired shot on the son of the informant. As such in

Patna High Court Cr.Misc. No.56790 of 2017 (3) dt.19-12-2017 2/2 the confessional statement there is no specific allegation of overt act against the petitioner.

Considering the facts and circumstances of the case, prayer for anticipatory bail of the petitioner is allowed. In the event of surrender/arrest of the petitioner, namely above, within six weeks from today, in connection with Jagdishpur P.S. Case No.229 of 2017, 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 learned A.C.J.M.-11, Bhojpur at Ara, subject to the 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. (Sanjay Priya, J) N.H./- U T