Ganesh Bhagat v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.48672 of 2018 Arising Out of PS.Case No. -244 Year- 2017 Thana -MADHUBAN District- EASTCHAMPARAN (MOTIHARI) ======================================================
1. Ganesh Bhagat, son of Sahdeo Bhagat, resident of village- Semra, P.S.- Madhuban, District- East Champaran.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate For the Opposite Party/s : Mrs. Veena Rani Prasadd, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 2/ 29-08-2018 Heard learned counsel for the petitioner and learned APP for the State.
Petitioner apprehends his arrest in Madhuban P.S. Case No.244 of 2017 instituted for the offence under Section(s) 144, 188, 341, 435, 353, 427, 504 & 120(B) Indian Penal Code. Counsel for the petitioner submits that although petitioner is named in the First Information Report, but there is no any allegation of specific overt act against him. In the written report, it is alleged that due to death of electrician on account of passing of current in his body antisocial elements had blocked the road having armed with weapons and forced the shopkeepers to close the shops. It has further been submitted that other co-accused have been granted anticipatory bail by this Court by order dated
Patna High Court Cr.Misc. No.48672 of 2018 (2) dt.29-08-2018 2/2 27.03.2018 passed in Cr. Misc. No.17356 of 2018. 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 Madhuban P.S. Case No.244 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 the 4th Additional Chief Judicial Magistrate Motihari, East Champaran, 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/- Rohit Kr.
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