Suman Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56519 of 2017 Arising Out of PS.Case No. -296 Year- 2017 Thana -ALOULI District- KHAGARIA ====================================================== Suman Kumar, son of Nawal Kishore Bhagat, Resident of Village- Temtha, P.S.- Parbatta, District- Khagaria. At present Resident of Village- Haripur, P.S.- Allauli, District- Khagaria.

.... .... Petitioner/s

Versus

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

For the Petitioner/s : None. For the Opposite Party/s : Smt. Veena Rani Prasad, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 05-02-2018 None appears on behalf of the petitioner.

Learned counsel for the State is present The petitioner apprehends his arrest in Allauli P.S. Case No. 296 of 2017 instituted for the offence under Sections 341, 323, 307/34 of the Indian Penal Code and Section 27 of the Arms Act.

In the written report it is alleged that petitioner fired from three nut, but it did not hit the informant. It is mentioned in paragraph-3 of the bail petition that petitioner has no criminal antecedent.

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

Patna High Court Cr.Misc. No.56519 of 2017 (3) dt.05-02-2018 2/2 six weeks from today, in connection with Allouli P.S. Case No. 296 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 Chief Judicial Magistrate, Khagaria, 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 their 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) S.Ali/- U T