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Patna High CourtCR. MISC./55875/2017bail granted

Indra Kumar Giri v. The State Of Bihar

2017-11-23Mr. Justice Sanjay Priya2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.55875 of 2017 Arising Out of PS.Case No. -262 Year- 2017 Thana -KUDHNI District- MUZAFFARPUR ====================================================== Indra Kumar Giri, Son of Shri Rudranand Giri, Resident of VillageRammuth, Police Station- Belsar (O.P.), District- Vaishali. .... .... Petitioner/s

Versus

The State of Bihar.

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

For the Petitioner/s : Mr. Suresh Chand Giri, Advocate. For the Opposite Party/s : Mr. Akshay Lal Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 23-11-2017 Heard learned counsel for the petitioner and the State. The petitioner apprehends his arrest in Kurhani (Fakuli O.P.) P.S. Case No. 262 of 2017, G.R. No. 1562 of 2017 instituted for the offence under Sections 147, 148, 149, 341, 342, 323, 353, 332, 436, 427, 504 and 506 of the Indian Penal Code.

In the written report it is alleged that police got information that one person sustained serious injury due to accident by bus. The police party reached the place of occurrence where 250 persons armed with lathi, danda assembled and caused traffic jam. They also damaged some vehicles. In this manner, there is general and omnibus allegation against this petitioner.

Learned counsel for the petitioner has submitted that there is general and omnibus allegation against this petitioner that he caused obstruction in the traffic by burning tyres etc. on the road.

Patna High Court Cr.Misc. No.55875 of 2017 (2) dt.23-11-2017 2/2 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, named above, within six weeks from today, in connection with Kurhani (Fakuli O.P.) P.S. Case No. 262 of 2017, G.R. No. 1562 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 Sri Nayan Kumar, learned Judicial Magistrate, 1st Class, Muzaffarpur, 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.

(Sanjay Priya, J) S.Ali/- U T